TUPE Guidance Note

This TUPE Guidance Note forms part of a series of legal guidance notes and documents produced by Anthony Collins Solicitors for the My Community programme, which is funded by the Department for Communities and Local Government.

For any organisation considering bidding for a contract, buying or taking over a business or service or building from which services are delivered, the implications of the ‘Transfer of Undertakings (Protection of Employment) Regulations 2006’ (generally referred to as TUPE) and the various regulations, statutes and case law that surround it need to be considered carefully. The implications of TUPE can ‘make or break’ an asset transfer proposition, therefore, it is essential that any TUPE liabilities are identified as soon as possible in the process, in negotiation with the transferring public body, typically a Local Authority.

This guidance is simply that and cannot replace appropriate legal advice – appropriate means a qualified lawyer with experience in legal advice on TUPE. It is important to remember that a lawyer can provide advice to the best of their knowledge and experience but it is advice, an opinion, not fact.

TUPE Guidance Note (403.5KB pdf)

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