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TUPE 2006 business transfers and service provision changes: practitioner checklist covering due diligence, information and consultation, ELI, redundancies, data protection and post-transfer steps (England, Scotland and Wales)

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This checklist summarises the actions to undertake and the matters to weigh up when the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006), SI 2006/246 are engaged on a business disposal or a change in service provision, where appropriate. It additionally flags up the pertinent Practice Notes and Precedent materials. It is not produced for clients, though it can be tailored for them if required. See also the following TUPE-related checklists:

  • What transfers under TUPE, and who is liable—checklist
  • Pension issues on a TUPE transfer—checklist
  • Checklist—immigration-related requirements on a TUPE transfer
  • Drafting a tripartite settlement agreement—checklist

Legal background

For a summary of TUPE 2006’s general effect and obligations, consult TUPE and asset purchases—overview.

Obtain essential information

  • Pin down exactly what is being transferred or contracted out (this could be a business, a business unit, or another economic activity) and how that will be described in the relevant operative documentation, as necessary. See Practice Notes: TUPE—business transfers and TUPE—service provision changes—Service provision changes defined...
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Web page updated on 20/05/2026

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