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This checklist gives an overview of the steps to take and issues to consider when the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006), SI 2006/246 apply to a business sale or service provision change. It also highlights relevant Practice Notes and Precedent materials. It is not aimed at clients but may be adapted for that audience.

See also the following TUPE-related checklists:

1. •

   What transfers under TUPE, and who is liable—checklist

2. •

   Pension issues on a TUPE transfer—checklist

3. •

   Checklist—immigration-related requirements on a TUPE transfer

4. •

   Drafting a tripartite settlement agreement—checklist

1. •

   Legal background

   1. â—¦

      For an outline of the effect and requirements of TUPE 2006 generally, see TUPE and asset purchases—overview

2. •

   Obtain essential information

   1. â—¦

      Prepare lists of employees and of contact names and telephone numbers for (where relevant) union officials and/or employee representatives

   2. â—¦

      Identify precisely what is being transferred or contracted-out (it may be a business or part of a business or an economic activity) and how this will be defined in the relevant documentation. See Practice Notes: TUPE—business transfers and TUPE—service provision changes—Service