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Managing TUPE: The benefits of observing leading practice

This guide explores the benefits of observing leading practice when managing a TUPE transfer, including how engagement with transferring and remaining employees can support better outcomes. It helps employers understand how to apply best practice throughout the transfer process.

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By Jonathan Chamberlain, Gowling WLGPartner | Kelly Thomson, RPC Partner | Adrian Martin, Burges Salmon Partner

In broad terms, TUPE provides that, where a business or service transfers from one organisation to another, the employees assigned to it follow.

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  • The importance of observing leading practice when implementing a transfer
    • The impact of a TUPE transfer on employees
  • Benefits for the transferor of engaging with transferring employees
  • Benefits for the transferor of engaging with remaining employees
  • Benefits for the transferee of engaging with transferring employees
  • Benefits for the transferee of engaging with existing employees

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Enhanced by creating four separate guides on managing the TUPE transfer process, to help you find the guidance you need. This guide focuses on the benefits of observing leading practice during TUPE.

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About the author

Jonathan Chamberlain

Jonathan Chamberlain is a partner at Gowling WLG.

About the author

Kelly Thomson

Kelly Thomson is a partner in the employment, engagement and equality team at international law firm RPC. In addition to advising regularly on significant organisational change programmes, including large-scale restructurings and changes to employment arrangements, Kelly has a focus on employee engagement and is passionate about issues of diversity, equality and inclusion.

Kelly is regularly called on by organisations grappling with their inclusion and diversity strategies and has real depth of knowledge on gender equality. She is co-host of acclaimed equality podcast The Fix with Michelle King. She is the firm’s partner lead for its ESG strategy.

Kelly also develops and provides training and seminars for clients’ teams and co-delivers RPC’s regular seminars and roundtables on a variety of topics.

About the author

Adrian Martin

Partner Adrian Martin heads up the award-winning employment team at Burges Salmon. Adrian has extensive experience as an employment specialist advising many household name employers on strategically significant HR projects. Particular specialisms include managing TUPE issues in major public- and private-sector projects, advising on restructuring and workplace change programmes and advising on C-Suite employment issues. Adrian also represents employers in complex tribunal proceedings in the Employment Appeal Tribunal and higher courts.

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