NCVO WORKFORCE DEVELOPMENT ‘TUPE’: TRANSFERRING EMPLOYMENT RIGHTS TO AND FROM YOUR ORGANISATION
Revised January 2012
1. Introduction
In the voluntary sector, funding for particular projects is often of limited duration. At the end of the funding period, the funding may be renewed, may cease, or the funding and responsibility for the project may pass to another organisation.
Third sector organisations may also change in other ways. For example, one organisation may be taken over by another, or two organisations with similar charitable objectives may merge.
In situations where the transfer of a project, organisation or part of an organisation takes place, The Transfer of Undertakings (Protection of Employment) Regulations 2006 (‘TUPE’) may apply.
Where TUPE applies a number of legal obligations arise. Responsibility for employees assigned to the project, organisation or part of the organisation transferring, and most employment rights and liabilities relating to those employees, will pass to the new employer.
2. Scope of this fact sheet
The aim of this fact sheet is to:
- Describe the TUPE Regulations which govern staff transfers.
- Explain what you will need to do should TUPE apply.
- Include information on good practice, in respect of dealing with the staff affected by TUPE.
- Outline some points of detail that you may need to be aware of.
The fact sheet gives introductory guidance. However, the TUPE Regulations are complex and their application will be different in each circumstance. It is therefore recommended that employers involved in the transfer of an undertaking seek legal or HR advice.
Please note that the TUPE Regulations only cover employees and not volunteers or agency workers.
