TUPE—public sector transfers
TUPE—public sector transfers

The following Employment practice note provides comprehensive and up to date legal information covering:

  • TUPE—public sector transfers
  • Transfers between public authorities
  • Transfer of administrative functions between public administrative authorities
  • Regulations providing TUPE-equivalent protection
  • Transfers out of the public sector to the private sector
  • Cabinet Office Statement of Good Practice (COSOP)
  • The Two-Tier Code and related guidance
  • The position in England
  • The position in Wales
  • Principles of Good Employment Practice
  • More...

TUPE—public sector transfers

This Practice Note provides guidance on how the Transfer of Undertakings (Protection of Employment) Regulations 2006, SI 2006/246 (TUPE 2006) apply to public sector transfers, and gives an overview of the policy and guidance documents that supplement TUPE 2006 to protect the pensions of public sector employees.

EU-derived laws, such as much of TUPE 2006, that have been made to implement UK obligations under EU law (such as the obligation to implement Directive 2001/23/EC, the Acquired Rights Directive (ARD)), applicable in the UK at the end of the Brexit transition period/IP completion day are preserved in the UK’s domestic legal framework as retained EU law. For further information, see Practice Note: Brexit and IP completion day—implications for employment lawyers—Retained EU law.

Transfers between public authorities

Both Directive 2001/23/EC, ARD and TUPE 2006 make it clear that an administrative reorganisation of a public administrative authority, or the transfer of administrative functions between public administrative authorities, is not a relevant transfer within the meaning of the legislation.

For further information, see Practice Note: TUPE—business transfers—Public administrative authorities.

In addition, as there needs to be a change of legal employer for TUPE 2006 to apply, transfers within central government are not covered.

Transfers out of the public sector to the private sector are covered (see Transfers out of the public sector to the private sector below).

However, intra-governmental transfers and reorganisations of

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