How to carry out due diligence in a TUPE transfer

Changes to TUPE to apply to transfers from 1 July 2024

For transfers taking place on or after 1 July 2024, the requirement to consult with elected representatives for businesses with fewer than 50 people and transfers affecting less than 10 employees will no longer apply, where representatives are not already in place.

Instead, employers will have a choice as to whether to consult directly with affected staff or go through the process of electing representatives.

• Check that you have been given details of all employees that are listed as transferring to your organisation.

• Ensure that you have the personal details and details of the terms and conditions of employment for each employee.

• If any records appear to be incomplete, ask the transferor for the required information.

• Confirm with the transferor that you have been given details of all outstanding discipline and grievance issues that have arisen in the last two years.

• Obtain details of any "live" disciplinary warnings, and any arrangements that have been made to carry out reviews of performance, capability etc.

• Confirm with the transferor that you have been given details of all outstanding legal claims (e.g. personal injury claims, claims to the Employment Tribunal).

• Confirm whether there are any collective agreements applying to the employees who are transferring, and the content of those agreements.

• Confirm whether there are any commitments to pay increases, bonuses or other monetary benefits. Ensure details of any such commitments are received.

• Confirm the pension arrangements that are in place for the employees who are transferring.

• Ascertain whether there are any employees on long term sick leave, and whether any action has been taken to manage those situations.

• Ascertain whether any employees who will be transferring are disabled under the Equality Act 2010. If they are, confirm whether any reasonable adjustments have been made to accommodate their disability.

• Obtain copies of all checks that are required for employment to be lawful (e.g. Disclosure and Barring Service (DBS), eligibility to work in the UK).

• Confirm whether any employees have a limited period of time during which they are legally entitled to work in the UK. Make a diary note of when their allowed time is due to expire.

• Ensure that any appraisal documentation relating to employees is obtained.

• Check whether there are any individual agreements in place in relation to issues such as relocation, training agreements and any other financial commitments.

• Check whether there are any ongoing recruitment issues whereby applicants will be expecting the transferee to respond to applications that have been made.

Contact Include-HR today for your HR TUPE obligations.