TUPE stands for the Transfer of Undertakings (Protection of Employment) Regulations and is a protective measure for employees who find themselves in a position where their work will be undertaken by a different UK organisation moving forward. For example a PI resigning from their University contract to take up a role and set up their lab with an alternative establishment, or an in-house cleaning service being outsourced to an external cleaning company. TUPE is a legislation which the UK has implemented and therefore only applies to transfers within the UK. TUPE means that the staff covered by this legal requirement will transfer across to the new organisation’s employment but their existing contractual terms with their current employer will remain in place. Once a TUPE has been identified as the correct course of action, the existing employer is required to consult with the group of staff in scope to transfer and agree with the new employer the terms under which the employee will transfer. On completion of the consultation period, the effective transfer date is confirmed and the staff officially become employees of the new organisation.
HR Policies and Procedures
The TUPE guidance shows in detail the process for each party and can be found here.
Guidance for Managers
As the line manger of an individual who will TUPE out to an external organisation you are responsible for advising the Clinical School HR Team of any possible TUPEs. A TUPE process can take a number of weeks to conclude therefore ensure you provide adequate notice.
If it is confirmed that TUPE does apply then you may be required to provide the scientific background and the reasons for the change of employer at the first consultation meeting with staff.
You are also expected to provide support and reassurance to the individual(s) going through the TUPE process. For example signposting staff to support services, providing them with an opportunity to meet and discuss the issue on a more regular basis.
If you are the line manager of an individual who will TUPE into the University of Cambridge then you should be on hand to answer questions from those individual(s) about working within the University as well as being involved in the induction and embedding processes.
As the line manger of an individual who will TUPE out to an external organisation you are responsible for advising the Clinical School HR Team of any possible TUPEs. A TUPE process can take a number of weeks to conclude therefore ensure you provide adequate notice.
Guidance for Employees
Employees are legally entitled to attend consultation meetings (the University offers at least two) during the consultation period which would usually last for at least 30 days. These meetings will explain to the employee how TUPE will impact on them, which terms and conditions will remain, and what changes might need to be implemented. For example their monthly pay date may change, annual leave year may start and end in different months, car parking availability may change or a change of nursery provision.
It is recommended that employees attend at least one consultation meeting so that they are fully briefed on the changes that will occur as a result of TUPE and the impact this may have on them.
The Clinical School HR Team will be required to share personal information about employees going through a TUPE with the new employer. For example salary, right to work status, date of birth, sickness and disciplinary record. It is also important that if there are any unusual or additional arrangements which are in place that you let the Clinical School HR Team know.
FAQs
In what circumstances does TUPE not apply?
TUPE would not apply if the transfer of service provision is going outside of the UK or would remain within the same organisation. For example if a PI was transferring to another University of Cambridge School or Department. TUPE would not apply if it is a transfer of shares, transfer of assets, if it is connected to a single specific event or task in the short term duration or where there is a supply of goods for a client’s use.
If I am TUPE transferring out of the University of Cambridge, will I still receive my P45?
The P45 would automatically be sent to the new employer for individuals who are going through a TUPE transfer. If an individual has confirmed they are not transferring then they would receive their P45 directly, as this would be classed as a resignation.
What will happen to any pre-booked holiday when I transfer?
You should inform your new organisation of any holiday which has been pre-booked.
If I TUPE’d into the University of Cambridge what would initiate a change onto University Terms and Conditions?
TUPE is relevant while the member of staff is employed in the position that they transferred in on. At the point where the employee is promoted or applies for a new position then they would transfer onto University Terms and Conditions.
What happens if I object to the transfer?
If an effected employee objects to a TUPE transfer then their employment will be terminated and treated as resignation.
What Terms and Conditions transfer?
The terms and conditions that will transfer with you are reviewed on a case by case basis and are subject to each individual contract. The list below are some examples of what may transfer with you but it is not an exhaustive list.
- Rate of pay
- Contracted hours
- Number of weeks worked
- Sick pay entitlement
- Holiday entitlement
- Trade union agreements
- Continuous service
- Any contractual redundancy entitlement
- Any contractual maternity entitlement (if better than statutory)
- Any other contractual payments.
Will my pension entitlement transfer to my new employer?
The pension scheme is not protected in the same way as other elements such as rate of pay under TUPE. This means that you may not be able to remain in the same scheme that you are currently in but would be offered a suitable alternative.
What happens if I am on an extended period of leave from my role which is being transferred such as maternity leave or secondment?
If your substantive contractual position is part of the TUPE process then you will also be consulted with.
