As part of its wider Plan to Make Work Pay, the government has opened a call for evidence on the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE), inviting responses from groups such as trade unions, employees who have been through a TUPE process, businesses and legal advisers who have experience with the TUPE regulations.
The evidence gathered will be used to inform the development of potential policy options aimed at improving clarity for employers, supporting business growth and transactions, and strengthening protections for employees who are affected by a transfer.
Areas on which views are sought
The government has posed 24 targeted questions, asking respondents to share their experiences and observations in relation to:
- Whether TUPE currently provides an appropriate balance between protecting employees’ rights and meeting employers’ practical and commercial needs.
- How clear and effective the rules are in determining when TUPE applies and in managing key aspects of the transfer process, including consultation and information obligations.
- Stakeholders’ experiences of TUPE transfers, including common difficulties, areas of uncertainty and whether existing guidance is sufficient.
- Whether the restrictions and permitted exceptions for changing terms and conditions after a transfer (including ETO reasons) are clear, proportionate and workable.
- The overall cost and impact of TUPE transfers, including any unintended consequences for businesses or for individuals with protected characteristics or different socio‑economic backgrounds.
What happens when the call for evidence closes
The call for evidence closes on 1 July 2026, following which the government will review the submissions received and publish a response outlining its conclusions. At present, no firm proposals for legislative change have been announced. Whether this process will ultimately lead to legislative amendment, and the timeframe for any such changes, remains uncertain.
What this means for employers
TUPE continues to present significant legal and operational challenges. Employers with experience of TUPE transfers may wish to consider contributing to the call for evidence. especially where the current framework has created uncertainty, cost or practical difficulty.
