Continuous Employment and TUPE
Description

TUPE stands for 'Transfer of Undertakings (Protection of Employment) Regulations'. The purpose of TUPE regulations is to protect employees' rights when transferring between companies.

This applies to things like:

  • Terms and conditions of employment
  • Holiday entitlement
  • Maternity pay
  • Flexible working requests
Cause
Resolution

When does it apply?

The most common cause of a TUPE transfer in Sage Payroll is a change of company status. For example, this could be changing from a sole trader to a limited company.

If this happens, you're ending one company and starting a new one with a new PAYE reference.


Before you continue

Make sure you understand all the implications before you transfer. To help with this, visit the following links and if unsure, contact ACAS or HMRC for advice.

Automatic enrolment

Before you complete a TUPE transfer, you need to know whether your company's duties start date changes. You also need to know if your employees remain in their existing pension scheme in the new company.

To check this, contact The Pensions Regulator (TPR) at thepensionsregulator.gov.uk.


How it works in Sage Payroll

Ensure your employees transfer to the new employer with the correct entitlements.

Follow our article Change your business status.

After entering the employee P45 details:

  1. Select Employees from the menu bar.
  2. Choose the relevant employee.
  3. Set the employee's start date to the original date they joined the original company.
  4. Select Save.

This ensures Payroll uses the correct treatment for employees transferred under TUPE regulations. Any applicable entitlement to benefits processed during your pay runs will be correct.

Steps to duplicate
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