TUPE transfer plan checklist

Consider the transfer

• Check if TUPE applies to the transfer.
• Identify who will transfer (in a service provision change this includes who is part of the organised grouping of employees).
• Identify all benefits and risks the transfer could bring and what it might achieve for the company and affected employees. 
• Check if the old employer is insolvent or in administration and how that might affect your decision.
• Consider whether any changes in working practices (‘measures’) may be needed to make the service work efficiently. 
• Assess whether there could be a risk of redundancies after the transfer and include this in the decision-making process. 
• Ask for any due diligence information from the old employer.
• Get warranties and indemnities from the old employer. 
• Calculate all the running costs and liabilities.
• Decide if any assets or equipment will transfer. 
• Decide if a change in location might be needed.
• Find out if equipment will need to be sourced and put in place for transferring employees. 
• Consider setting aside a contingency fund for unexpected additional expenditure. 
• Develop a timeframe for conducting the transfer.
• Inform any recognised trade union or elected representatives about the possibility of a transfer. 
• If there is no recognised trade union or authorised employee representatives, arrange an election of employee representatives with your affected employees to inform and consult on the possible transfer. [This is a mandatory step]. 
• Consider how you’ll keep staff informed about any transfer plans. 
• Consider how you’ll manage the transfer and keep staff motivated if your bid is successful. 
• Decide whether to submit a bid for the contract or organisation based on all the information provided. 

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