Government Call for Evidence on TUPE

Government Call for Evidence on TUPE

April also saw the Department of Business and Trade call for evidence on TUPE as part of the Government’s Plan to Make Work Pay.

As part of its plan the Government has committed to strengthening the existing rights and protections for workers under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”).

In line with that commitment, the Government has launched a call for evidence, inviting employers, employees and business representatives to share their experiences of how TUPE works in practice.

This is not a consultation, but a request for real‑world experiences of how TUPE operates in practice

Make Work Pay: Transfer of Undertakings (Protection of Employment) Regulations - GOV.UK >>

What is TUPE?

TUPE protects employees when they move from one employer to another as a result of:

• A business transfer (for example, where a business or part of a business changes ownership); or
• A service provision change, such as outsourcing, re‑tendering a service, or bringing a service back in‑house.

Where TUPE applies, affected employees automatically transfer to the new employer on their existing contractual terms, with continuity of employment preserved.

The incoming employer is generally prevented from changing transferring employees’ terms and conditions if the sole or principal reason for the change is the transfer itself. Changes are only permitted where there is a genuine economic, technical or organisational (“ETO”) reason, and even then only where the change is not transfer‑related.

TUPE therefore provides a codified framework governing how employers must manage workforce issues when a transfer takes place.

Why has the call for evidence been launched?

The Government has stated that updating TUPE may help to support economic growth, including by facilitating smoother mergers, acquisitions and service changes.

The stated aim is not to weaken worker protection, but to assess whether the current TUPE framework is:

• Effective
• Proportionate
• Clear and easy to operate for both employers and employees

What is the Government asking about?

The call for evidence seeks views on a wide range of TUPE‑related issues, including:

• Whether TUPE currently:
  • Adequately protects employees’ rights (including pension rights)
  • Strikes the right balance between employee protection and employer flexibility
  • Ensures effective information and consultation with affected employees
• Whether it is sufficiently clear:
  • When a business transfer or service provision change has taken place
  • When TUPE applies in practice
• Practical issues encountered during TUPE transfers, including:
  • Cost
  • Complexity
  • Uncertainty and delay
• Whether the restriction on changing terms and conditions (the ETO limitation) continues to strike the right balance
• Whether TUPE has resulted in unintended consequences, including for individuals with protected characteristics under the Equality Act 2010 or differing socio‑economic backgrounds

The call for evidence closes on 1st July 2026.

What does this mean for employers?

There are no immediate changes to TUPE law, and no timetable has been set for reform. Any future proposals will be subject to a formal consultation process.

However, the scope of the questions suggests that meaningful reform is being actively considered, including the inability to harmonise terms and conditions following a transfer.

An opportunity to influence policy

For employers, this call for evidence represents a genuine opportunity to shape future policy.

Organisations that regularly manage TUPE transfers are uniquely placed to highlight:

• Where TUPE works well
• Where it creates unnecessary cost or uncertainty
• Where the law fails to reflect commercial or operational realities

If you have particular experience with TUPE transfers may wish to engage with the process and submit evidence before 1st July 2026.

Otherwise do watch this space and we will continue to keep you updated with any further updates.

Legal Connect Masterclass Series >> 

Legal Connect Employment Rights Act 2025 Implementation Service >> (includes a new episode on  Changes to the Trade Union Landscape)