Home / Services / HR & Employment Law / TUPE
HR & Employment Law

TUPE Transfers Transfer of Undertakings

Expert TUPE support for transferors and transferees. Due diligence, employee liability information, consultation obligations, measures notification, automatic transfer of employment terms and post-transfer harmonisation advice.

Get TUPE Advice 0333 3233 785
TUPE2006 Regulations
AutoTransfer of employment
ELIEmployee liability information
28 daysMinimum ELI notice
TUPE Transfers

Understanding TUPE

A workplace risk assessment is a systematic examination of your work activities, premises and processes to identify what could cause harm to people — and whether you're doing enough to prevent it. Under the Management of Health and Safety at Work Regulations 1999 (MHSWR), every employer must carry out a suitable and sufficient assessment of the risks to the health and safety of their employees and anyone else who may be affected by their work activities.

If you have five or more employees, the significant findings of your risk assessment must be recorded in writing. But regardless of your size, risk assessment is the foundation of every health and safety management system — without it, you're managing safety blind.

RADCaT's qualified health and safety consultants carry out thorough, practical workplace risk assessments for businesses of every size and sector across the UK. We don't produce generic templates — we visit your premises, walk your processes, talk to your team and produce site-specific, task-specific assessments that genuinely reflect your operations and give you a clear, prioritised action plan for improvement.

Whether you need a general workplace risk assessment for your office, a task-specific assessment for high-risk activities in a factory, a site-wide review for a multi-building campus, or a pre-project risk assessment for a construction site — RADCaT delivers expert, HSE-compliant assessments tailored to your industry and your operations.

TUPE dismissals are automatically unfair unless there is an ETO reason. An Economic, Technical or Organisational reason entailing changes in the workforce is the only permitted ground — and even then, fair procedure must be followed. RADCaT ensures your decisions are legally sound.

TUPE from RADCaT
Types of Risk Assessment

TUPE Services

Support for transferors and transferees at every stage.

Due Diligence

Assessment of TUPE applicability, identification of transferring employees, review of employment terms, liabilities, disputes and potential risks before the transfer.

Employee Liability Information

Preparation and provision of ELI at least 28 days before transfer — employee details, terms, collective agreements, disciplinary/grievance actions, claims and transferring liabilities.

Consultation Management

Management of the information and consultation process with affected employees and/or elected representatives. Letters, meetings, responses to questions and documentation.

Measures Notification

Notification of measures the transferee envisages taking in respect of transferring employees — organisational changes, reporting lines, location changes and any other planned measures.

Transfer Mechanics

Management of the actual transfer — assignment letters, updated contracts, payroll transfer, benefit continuity, IT access and operational onboarding.

Post-Transfer Harmonisation

Advice on harmonising terms after transfer — what can be changed, when, how and the legal risks. ETO reasons, consultation requirements and reasonable timescales.

Every Industry

Risk Assessments for Your Sector

Every industry has different hazards. We tailor every assessment to your specific sector and operations.

Factories & Warehousing

Machinery, forklift, racking, noise

Transport & Logistics

Depot safety, loading bays, vehicles

Construction

CDM, excavations, heights, demolition

Schools & Education

Classrooms, labs, playgrounds, trips

Care & Healthcare

Patient handling, clinical, infection

Chemical

Process safety, COSHH, DSEAR

Hospitality

Kitchens, fire, slips, public safety

SMEs & Offices

DSE, fire, general workplace

Charities

Events, lone working, volunteers
Our Process

How We Carry Out a Risk Assessment

1

TUPE Assessment

We assess whether TUPE applies to your situation — business transfer, service provision change or neither. This determines your legal obligations.

2

Due Diligence

For transferees: we review employee liability information, assess costs, liabilities and risks. For transferors: we compile ELI and prepare for consultation.

3

Consultation

We manage the consultation process — informing affected employees, explaining the transfer, answering questions and documenting the process.

4

Transfer Execution

We manage the transfer mechanics — assignment documentation, contract updates, payroll coordination and operational transition.

5

Post-Transfer Support

Advice on post-transfer harmonisation, managing inherited terms and any organisational changes following the transfer.

Related Services

Complete Your Compliance Puzzle

Employment Contracts

Day-one written statements

Company Handbooks

Policies & procedures

Disciplinary & Grievance

Fair process & compliance

Redundancy

Consultation & process

Tribunal Preparation

ET3 & hearing support

Day-to-Day HR

Ongoing advice line

TUPE

Transfer of undertakings

HR Policies

Workplace policy suite

Health & Safety

Workplace compliance

GDPR

Data protection

Training

Staff development

SME Solutions

Outsourced compliance
Common Questions

TUPE FAQ

When does TUPE apply?

TUPE applies when a business or part of a business transfers to a new owner (business transfer) or when a service is outsourced, insourced or re-tendered (service provision change). It does not apply to share sales (the employer doesn't change) or supply of goods contracts.

Do employees have to transfer?

Yes — transfer is automatic under TUPE. Employees cannot opt out. If an employee resigns because of the transfer, it may be treated as a dismissal by the transferor. The only exception is if the transfer involves a substantial and detrimental change to working conditions.

Can I change terms after a TUPE transfer?

Changes to terms that are connected to the transfer are void — even if the employee agrees. Changes for an ETO reason (Economic, Technical or Organisational) entailing changes in the workforce may be permissible, but only with proper consultation and agreement.

What is employee liability information?

ELI is information the transferor must provide to the transferee at least 28 days before transfer: employee identities, employment terms, disciplinary/grievance actions in last 2 years, legal claims, collective agreements and information on transferring liabilities.

What about pensions?

Occupational pension rights generally do not transfer under TUPE. However, the transferee must provide a minimum level of pension provision for transferring employees. RADCaT advises on pension obligations and matching requirements.

Can I dismiss employees because of the transfer?

Dismissals connected to the transfer are automatically unfair unless there is an ETO reason entailing changes in the workforce. Even with an ETO reason, fair procedure (including consultation) must be followed.

How much does TUPE support cost?

Based on the complexity of the transfer, number of employees and level of support needed. Contact us for a quote.

Facing a TUPE Transfer?

Contact us early for the best outcome. TUPE planning should start well before the transfer date.

Get TUPE Advice 0333 3233 785