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It can't always be assumed that TUPE will apply, as it is dependent on a number of issues, including whether: TUPE will be a consideration in virtually all service provision changes such as outsourcing and insourcing. If you think a transaction you are involved in might be covered by TUPE you should always take specialist legal advice. The question of exactly when TUPE does and does not apply can be very complex. the period for which the activities were suspended, if any.the degree of similarity between the activities carried on before and after the transfer.whether the majority of the employees are taken on by the new employer.whether any intangible assets are transferred and the extent of their value.whether any tangible assets (buildings, moveable property etc) are transferred.the type of undertaking being transferred.In determining whether this has happened, the courts take into account factors such as: The 2006 Regulations clarified complicated case law to determine that a relevant transfer means the "transfer of an economic entity which retains its identity". In essence, TUPE applies where there is a "relevant transfer". what other steps you can take to protect your business from the effects of TUPE.what the implications are if TUPE doesn't apply, and.what you have to do to comply with TUPE and the penalties for failing to do so.To protect your business from claims, you need to understand: grant or take over a lease or licence of premises and operate the same business from those premises.where services transfer from an external contractor back to the customer) where services transfer from the first external contractor to a different external contractor and (c) bringing the service back in-house (e.g. where services transfer from the customer to an external contractor) (b) a subsequent transfer (e.g.

outsource or make a "service provision change" involving either (a) an initial outsourcing of a service (e.g.

sell or buy part or all of a business as a going concern.

TUPE applies every day to an enormous number of different business transactions and it is essential that employers of all sizes understand what employment liabilities can arise. Why do you need to know anything about TUPE? TUPE is a significant and often tricky piece of legislation adopted by the UK in order to implement the EU's Acquired Rights Directive. The Regulations were first passed in 1981, overhauled in 2006, and further amendments were made in 2014. Its effect is to move employees and any liabilities associated with them from the old employer to the new employer by operation of law. TUPE stands for the Transfer of Undertakings (Protection of Employment) Regulations and its purpose is to protect employees if the business in which they are employed changes hands.

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