When responsibility for the provision of a service, or management of a particular function or activity, is transferred from one organisation to another it is likely, subject to certain qualifying conditions, that the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) apply.
Cases encountered within the University could include:
- Research groups moving into or out of the University, to or from another establishment
- Catering or cleaning staff transferring to or from a contract service provider
Broadly speaking, the effect of the TUPE Regulations is to preserve the continuity of employment and terms and conditions of those employees who are transferred to a new employer when the transfer takes place. The employee's contract of employment will continue after a transfer to a new employer as if it had originally been made with the new employer.
The TUPE Regulations, which can apply regardless of the size of the transfer, are complex and must be applied on a case-by-case basis.
If departments consider that they might be dealing with a case that could be covered by TUPE, they should contact their HR Business Partner in University HR as soon as possible. If any of the employees who are transferring are visa holders please contact the Staff Immigration Team as soon as possible as there may be information that needs to be reported to the Home Office.