Government ‘call for evidence’ on Transfer of Undertakings (Protection of Employment) (TUPE) Regulations

The government has launched a ‘call for evidence’ to inform policy changes to Transfer of Undertakings (Protection of Employment) regulations, known as TUPE.

The Government’s ‘Plan to Make Work Pay’, incorporating the Employment Rights Act 2025, said that TUPE regulations would be reinforced as part of the process of strengthening workers’ rights.

The Transfer of Undertakings (Protection of Employment) Regulations (TUPE) provide protections for employees that are moved between or within companies and other organisations. The TUPE Regulations also provide structure for businesses going through merger and acquisition processes for how to manage staff transfers.

Unions, businesses and employees are being asked to provide evidence in order to help Ministers “better ensure TUPE is easy to follow for businesses to support growth and create a better environment for businesses to expand, sell, or merge”.

In particular, the Government said on it’s website, this evidence will help the government:

• update their understanding of the prevalence of TUPE transfers
• understand experiences with current TUPE processes
• consider how to better ensure TUPE is easy to follow for businesses to support growth and create a better environment for businesses to expand, sell, or merge
• consider how to strengthen the existing set of rights and protections for those subject to TUPE to create a more stable workforce during transitions
• develop policy proposals for reform

The Employment Rights Act does not include direct changes to TUPE. But many of the measures to improve workers’ rights will affect TUPE regulations.

For example, as laid out by Adam McCulloch in Personnel Today, the six-month qualifying period for protection from unfair dismissal will increase the potential liability for transferees (the company receiving employees), particularly where there are underlying disciplinary and grievance processes. Transferees would have to factor this in during due diligence and costings.

The call for evidence closes on 11 July 2026. Unions, other organisations and individuals can respond here.