TUPE: Employees Transferring Out
Your obligations when employees transfer to another employer.
Employer-Side Advice Only
CIPD Qualified
ERA 2025 Updated
Bolton, Manchester, North WestYour obligations when employees transfer to another employer. This is an employer-focused guide written specifically for North West businesses. Scroll down for the full breakdown, or book a free consultation if you need advice on this right now.
What Employers Need to Know
This guide covers the key legal and practical considerations around tupe: employees transferring out for employers in the North West. The law in this area is well established, but the practical application often catches employers out.
Getting this right requires understanding both the legal framework and the procedural steps that employment tribunals expect to see. The sections below walk you through both.
The Legal Framework
The legal position on tupe: employees transferring out is governed by the Employment Rights Act 1996, the Equality Act 2010 where applicable, and the Acas Code of Practice on Disciplinary and Grievance Procedures.
Employment tribunals assess each case on its own facts, but the principles are consistent: was there a fair reason, was the process fair, and would a reasonable employer have acted in the same way?
Practical Steps for Employers
The practical steps you need to take will depend on the specific circumstances, but the following framework applies in most cases:
Gather the facts before making any decisions
Document everything from the outset
Follow the Acas Code of Practice where it applies
Take advice early, before making any final decision
ERA 2025: What Changes for Business Restructuring
Maximum protective award for failing to consult on redundancies doubles from 90 to 180 days’ pay.
Shorter qualifying periods and uncapped awards mean every restructuring decision carries more risk.
DaisyHR supports North West employers through every type of business change.
Read our full ERA 2025 guideFrequently Asked Questions
When you propose to dismiss 20 or more employees at one establishment within a 90-day period. You must consult for at least 30 days (45 days for 100+ redundancies).
The Transfer of Undertakings (Protection of Employment) Regulations protect employees when a business or service transfers from one employer to another.
Only in very limited circumstances. Changes connected to the transfer itself are generally void unless there is an economic, technical or organisational reason.
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Business change advice for employers across Bolton, Manchester and the wider North West. · Last reviewed: March 2026