TUPE Transfer Plan Checklist for the New Employer (UK) (Acas)
TUPE Transfer Plan Checklist for the New Employer
This transfer plan checklist is to be used by the new employer (the employer taking on an organisation or service under TUPE).
You can adapt the checklist to meet your needs, although by law certain steps must be followed. It's a good idea to follow all the steps and use this checklist alongside Acas’s advice on handling a TUPE transfer.
Remember to communicate with your staff and their representatives throughout the transfer.
TUPE transfer plan checklist
Consider the transfer
Check if TUPE applies to the transfer.
Identify who will transfer (in a service provision change this includes who is part of the organised grouping of employees).
Identify all benefits and risks the transfer could bring and what it might achieve for the company and affected employees.
Check if the old employer is insolvent or in administration and how that might affect your decision.
Consider whether any changes in working practices (‘measures’) may be needed to make the service work efficiently.
Assess whether there could be a risk of redundancies after the transfer and include this in the decision-making process.
Ask for any due diligence information from the old employer.
Get warranties and indemnities from the old employer.
Calculate all the running costs and liabilities.
Decide if any assets or equipment will transfer.
Decide if a change in location might be needed.
Find out if equipment will need to be sourced and put in place for transferring employees.
Consider setting aside a contingency fund for unexpected additional expenditure.
Develop a timeframe for conducting the transfer.
Inform any recognised trade union or elected representatives about the possibility of a transfer.
If there is no recognised trade union or authorised employee representatives, arrange an election of employee representatives with your affected employees to inform and consult on the possible transfer. [This is a mandatory step].
Consider how you’ll keep staff informed about any transfer plans.
Consider how you’ll manage the transfer and keep staff motivated if your bid is successful.
Decide whether to submit a bid for the contract or organisation based on all the information provided.
Prepare for the transfer
Employee liability information (ELI)
Identify and agree which employees are to transfer.
Request and check the employee liability information (ELI) from the old employer.
Check warranties and indemnities provided by the old employer are correct.
Consider asking the old employer if you can visit their workplace or organisation and speak individually with transferring employees about the transfer and their current terms and conditions.
Where possible, check that the information received from the transferring employees matches the employee liability information (ELI) supplied by the old employer.
Check and resolve any inconsistencies with the old employer.
Inform and consult about the transfer
These steps are mandatory.
Identify and agree which employees are to transfer.
Consider asking the old employer for permission to inform and consult with their recognised trade union or elected representatives about the transfer.
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About this template
What is this template?
This document is a procedural checklist for an incoming employer to ensure compliance with the Transfer of Undertakings (Protection of Employment) regulations. It is not an employment contract or a transfer agreement but rather a guidance tool for the transition process. It specifically addresses Employee Liability Information (ELI) and the 60-day deadline for right-to-work checks.
When should you use it?
Use this checklist when acquiring a business or a service contract in the UK to track mandatory consultation and due diligence milestones. Use an Employment Contract instead when issuing new documentation to existing staff or when the TUPE transfer is not the primary mechanism of hiring.
What's inside
| Clause | Name | What it does |
|---|---|---|
| TUPE transfer plan checklist | Consider the transfer | Lists initial due diligence steps including checking if the old employer is insolvent and obtaining warranties and indemnities. |
| Prepare for the transfer | Employee liability information (ELI) | Directs the new employer to request and check ELI from the old employer to verify terms and conditions. |
| Inform and consult about the transfer | Inform and consult about the transfer | Details mandatory steps for electing employee representatives if no trade union exists to consult on proposed measures. |
| Transfer of terms and conditions | Transfer of terms and conditions | Instructs the employer to assume all terms transfer and to find equivalent alternatives for non-transferable benefits like share-based bonuses. |
| Post-transfer redundancies | Post-transfer redundancies | Prompts the employer to assess redundancy risks and request pre-transfer consultation permission if 20 or more roles are affected. |
| After the transfer | After the transfer | Requires confirmation of the right to work in the UK for all transferred staff within 60 days of the transfer. |
Who it's for
- a UK employer taking on an organisation or service under a TUPE transfer
- a business assessing running costs and liabilities before submitting a bid for a contract
- an incoming employer managing the induction and mentoring of transferred staff
- an organization with fewer than 10 transferring employees needing to consult directly
Law it's drafted under
England & Wales note
This version is drafted for England & Wales. Scotland and Northern Ireland differ on some points — for example notice periods and tribunal procedure. Tell GitLaw where you hire and it adjusts the draft.
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