Deciding if TUPE applies
The protection of TUPE only applies if there is a TUPE transfer. This section will help you recognise a TUPE transfer and deal with disagreements about the application of TUPE.
There are two types of TUPE transfer (the same transaction can be both):
- Business transfer: the whole or part of a business changes hands
- Service provision change: a change of employer providing a service – by outsourcing, re-tendering or bringing a service in-house.
TUPE makes special provisions for buyers of insolvent businesses. Depending upon the circumstances, the key provisions of TUPE may not apply.