TUPE Transfer Rights Checker UK 2026

Yes. TUPE can apply to a part of a business (sometimes called a "part transfer") provided that part constitutes an economic entity that retains its identity after the transfer. This means it must be an organised grouping of resources with the objective of pursuing an economic activity, not simply a collection of assets.

Employee Liability Information (ELI) is provided by the outgoing employer to the new employer at least 28 days before the transfer. It must include employee names and ages, complete contracts of employment, details of disciplinary action in the past two years, and details of outstanding claims or grievances. Failure to provide ELI carries a minimum tribunal award of £500 per employee, with no upper cap.

Not if the sole or principal reason is the transfer itself - that would be automatically unfair dismissal. Redundancy is only lawful post-transfer if there is a genuine Economic, Technical or Organisational (ETO) reason that entails changes in the workforce, such as a genuine reduction in headcount need. Even then, the full redundancy process must be followed. Use our redundancy pay calculator to check your entitlement.

Occupational pension rights do not transfer in the same way as other contractual rights under TUPE. The new employer must provide access to a pension scheme with employer contributions matching yours up to 6%, but they do not have to replicate your existing scheme. Final salary or defined benefit pension rights may have separate protections under the Pension Schemes Act 1993.

Agency workers are generally not covered by TUPE as they are not employees of the business being transferred. However, employers should take a cautious approach where workers (as opposed to employees) are involved, as a 2019 tribunal decision suggested workers may have some protection. Legal advice is recommended where agency or worker arrangements form a significant part of the workforce.

From 1 July 2024, employers can inform and consult directly with affected employees (rather than through elected representatives) if they employ fewer than 50 employees in total, or if fewer than 10 employees are transferring. This exemption only applies where there is no existing trade union or elected employee representatives. It does not remove the duty to consult - it simply removes the obligation to go through the representative election process.

A substantial change to working conditions to material detriment could include a significant change in location, a reduction in pay, removal of a key benefit, changes to working hours or reporting structures. If this applies, you may be able to treat yourself as dismissed under Regulation 4(9) and bring a claim for unfair dismissal, even if you technically objected to the transfer. Our constructive dismissal calculator can estimate a potential award.

Yes. TUPE covers public sector employees when their work is transferred to a private contractor. In addition, the Cabinet Office Statement of Practice (COSOP) sets out additional protections for civil servants in these circumstances. The combined effect means public sector workers typically have stronger protections than private sector staff in TUPE scenarios. Check the employment rights hub for more guidance on public sector employment changes.