Acas publishes guide to handling TUPE transfers

Acas has emphasised the importance of early employee involvement in new guidance for employers on how to handle TUPE transfers successfully.

The guidance, Handling TUPE transfers, covers:

• Introducing TUPE;
• When does TUPE apply?
• Getting the TUPE process right;
• Employee liability information and due diligence;
• Terms and conditions of employment and TUPE;
• TUPE and terminating employment;
• Information and consultation requirements;
• Other considerations;
• Appendices: TUPE glossary; TUPE process plan template; sample employee liability information and due diligence document; and important changes to making employment tribunal changes.

Anne Sharp, Acas chief executive, said: "TUPE is often seen as complicated but employers need to get to grips with the detail if they decide to buy a business or take on work being carried out by others.

"If things go wrong the fall out can damage individuals and organisations. Our new guidance provides a clear overview of the requirements and helps people understand in straightforward and practical terms what they need to do.”

She added: "TUPE can affect all businesses and organisations, whatever their size or sector. One of our key messages is that you should involve employees early to minimise concerns and potential problems further down the track."

According to Acas, a recent study showed that one in eight workplaces in Britain had gone through some kind of business transfer, with transfers affecting up to two million employees each year. The service’s helpline last year dealt with around 28,000 calls relating to TUPE.

The guide, which can be found here, was developed with assistance from Dr John McMullen, a partner at law firm Wrigleys Solicitors.