TUPE Transfers and Right to Work Checks: Don’t Miss This Key Step
TUPE transfers are a familiar part of life in education – whether through academy conversion, trust expansion or changes to shared services. While there is often a strong focus on consultation, contracts and continuity of employment, one important legal responsibility can be easily overlooked: Right to Work Checks.
Why are right to work checks important after TUPE?
When staff transfer under TUPE, their employment moves automatically to the new employer. However, responsibility for confirming that employees have the legal right to work in the UK does not transfer in the same way.
From the date of transfer, the new employer is legally responsible for ensuring all employees have a valid right to work. If checks haven’t been carried out correctly, organisations could face:
- Civil penalties of up to £20,000 per illegal worker
- Additional scrutiny from the Home Office
Relying on checks done by the previous employer can be risky, particularly if records are incomplete, inconsistent, or no longer meet current Home Office guidance.
Is it best to recheck staff?
The Home Office recommends that employers carry out right to work checks following a TUPE transfer, especially where there is any doubt about the quality or availability of existing evidence.
In practice, many schools and trusts choose to complete fresh checks to be confident they are compliant and protected from risk. This can be particularly important in education settings, where safeguarding and governance standards are high.
Making the process simpler
TUPE protects employees’ terms and conditions – but new employers remain responsible for right to work checks. Taking a proactive approach helps schools and trusts stay compliant, reduce risk and demonstrate good governance.
Manually checking documents for groups of transferring staff can be time consuming and difficult to manage alongside other TUPE activity. That’s why many education providers choose a digital, automated approach.
HR Connect is well placed to support education settings with practical, reliable solutions during TUPE transfers and beyond.
HR Connect’s Right to Work check service offers a simple and compliant way to complete checks after a TUPE transfer. The service:
- Supports fully compliant digital right to work checks
- Creates a clear audit trail for Home Office purposes
- Reduces administrative burden for school and trust staff
- Provides reassurance that legal responsibilities have been met
The process is straightforward for both employers and employees, helping minimise disruption during what can already be a period of change.
You can find out more about the service here: 👉 https://www.hrconnect.org.uk/righttoworkcheck
