A TUPE transfer is a transfer, where you move at least some part of your organisation or a service to another employer.

Employees’ rights are protected under TUPE transfers in the UK, whether your business is a large or small organisation. 

There is a procedure which you must follow being the employer, such as informing staff about the transfer and consult them on any changes that the transfer will bring, such as location of work or hours of work.
In some situations, you can consult with the employees directly, in others through a trade union or employee representatives. 

There is no set time period for informing and consulting your employees, but you must give all required information long enough before the transfer so that the employees can discuss it with you. The length of time required would depend on the size of your organisation, how many staff are affected, and the complexity of proposed changes. 

If you do not inform or consult at all, or if your procedure is not carried out properly, your employees may be able to submit a claim to an Employment Tribunal and be awarded up to 13 weeks’ pay. Either you or the new employer could be held liable to pay the compensation, or it could be split between you. 

Upon the transfer, the employees’ contract continues with the new employer, their terms and conditions automatically transfer to the new employer, and their employment does not end. 

You must provide the new employer with specific information about each transferred employee at least 28 days before the transfer. 

If an employee does not want to transfer, they can refuse but they would normally have no rights to claim redundancy pay or unfair dismissal.