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It explains TUPE as the Transfer of Undertaking (Protection of Employment) Regulations 2006 and provides background on the council’s existing 2009 protocol, plus the need for updates due to increased scope and complexity. The report evaluates options, concluding that adopting the revised protocol strengthens legal compliance and ensures proper consultation, engagement, and employee protection during relevant transfers.",{"@graph":63,"@context":119},[64,80,102],{"@type":65,"itemListElement":66},"BreadcrumbList",[67,71,74,77],{"item":68,"name":69,"@type":70,"position":9},"https://docshare.wps.com","Home","ListItem",{"item":72,"name":10,"@type":70,"position":73},"https://docshare.wps.com/template/",2,{"item":75,"name":41,"@type":70,"position":76},"https://docshare.wps.com/template/letters/",3,{"item":78,"name":59,"@type":70,"position":79},"https://docshare.wps.com/template/tupe-protocol-approval-report/280957/",4,{"url":78,"name":59,"@type":81,"image":82,"author":87,"headline":59,"publisher":90,"fileFormat":93,"inLanguage":57,"description":61,"dateModified":94,"datePublished":95,"encodingFormat":93,"isAccessibleForFree":96,"interactionStatistic":97},"DigitalDocument",{"url":83,"@type":84,"width":85,"height":86},"https://docshare.wps.com/thumbnails/tupe-protocol-approval-report/280957.png","ImageObject",442,249,{"name":88,"@type":89},"Hazel","Person",{"url":68,"name":91,"@type":92},"DocShare","Organization","application/pdf","2026-10-19","2026-09-16",true,{"@type":98,"interactionType":99,"userInteractionCount":101},"InteractionCounter",{"@type":100},"ViewAction",13,{"@type":103,"mainEntity":104},"FAQPage",[105,111,115],{"name":106,"@type":107,"acceptedAnswer":108},"What is TUPE and what does it cover?","Question",{"text":109,"@type":110},"TUPE is the Transfer of Undertaking (Protection of Employment) Regulations 2006. It governs how employees and liabilities move when an undertaking, or part of one, is transferred to another organisation.","Answer",{"name":112,"@type":107,"acceptedAnswer":113},"Why was a revised TUPE protocol drafted?",{"text":114,"@type":110},"The council’s TUPE transfers have increased in scope and complexity. A revised protocol was drafted to guide managers and HR practitioners in applying TUPE principles for transfers both into and out of the council.",{"name":116,"@type":107,"acceptedAnswer":117},"What recommendation does the report make?",{"text":118,"@type":110},"The report recommends approving the revised TUPE protocol, arguing it improves support for managers and HR practitioners and helps ensure compliance with legislative requirements.","https://schema.org",{"og:url":78,"og:type":121,"og:title":59,"og:site_name":91,"og:description":61},"article",{"robots":123,"canonical":78},"index,follow",{"doc_id":125,"site_id":56},280957,1790439100,{"code":4,"msg":5,"data":128},{"doc_id":125,"user_id":129,"nickname":88,"user_avatar":130,"doc_module":9,"category_id":40,"category_name":41,"doc_title":59,"doc_description":61,"doc_content":131,"file_id":132,"file_url":133,"file_type":134,"file_size":135,"view_count":101,"is_deleted":4,"is_public":9,"is_downloadable":9,"audit_status":9,"page_count":35,"language":136,"language_code":57,"site_id":56,"html_lang":57,"table_of_contents":137,"faqs":138,"seo_title":139,"seo_description":61,"update_tm":140,"read_time":141},137441390410,"https://ap-avatar.wpscdn.com/avatar/2000252f4ab5702993?_k=1776741390130283984","Report of the Director: Decision to be taken after:  \nBusiness Development 27 June 2018  \nNORTH LINCOLNSHIRE COUNCIL  \nBUSINESS TRANSFORMATION CABINET MEMBER  \nTUPE PROTOCOL  \n1. OBJECT AND KEY POINTS IN THIS REPORT  \n1.1 To outline and seek approval for a revised TUPE protocol as part of the council’s Human Resources Manual.  \n2. BACKGROUND INFORMATION  \n2.1 TUPE is an acronym for the Transfer of Undertaking (Protection of Employment) Regulations 2006. This is the main piece of legislation governing employees affected by the transfer of an undertaking, or part of one, to another organisation.  \n2.2 The council has an existing TUPE protocol dating from 2009, introduced largely in response to the academisation agenda in education, for the purpose of supporting the TUPE transfer of employees based in council-maintained schools to academies.  \n2.3 Since then, the council has been party to many TUPE transfers, both into and out of the organisation, involving a variety of different sectorsin addition to education.  \n2.4 In recognition of the increased scope and complexity of the TUPE transfers the council is involved in, a revised TUPE protocol has been drafted to guide managers and HR practitioners in the application of TUPE principles for transfers of employees both in and out of the council.  \n3. OPTIONS FOR CONSIDERATION  \n3.1 Approve the revised TUPE protocol.  \n3.2 Recommend further changes to the draft TUPE protocol.  \n3.3 Continue to use the existing TUPE protocol.  \n4. ANALYSIS OF OPTIONS  \n4.1 Approving the revised TUPE protocol will offer greater support to managers and HR practitioners involved in TUPE transfers and ensure the council’s compliance with legislative requirements. It will also ensure appropriate consultation, engagement and protection occurs for those employees which are the subject of a transfer.  \n4.2 Recommending further changes to the draft protocol or continuing to use the existing TUPE protocol may mean that the legislative requirements of TUPE are not fully incorporated and place the council at risk of legal challenge. It may also mean that transfers involving sectors other than education, and transfers of employees into to the council, are not fully provided for and may leave managers and affected employees without the necessary support and guidance for a smooth transfer to take place.  \n5. RESOURCE IMPLICATIONS (FINANCIAL, STAFFING, PROPERTY, IT)  \n5.1 There are no additional resource implications.  \n6. OUTCOMES OF INTEGRATED IMPACT ASSESSMENT (IF APPLICABLE)  \n6.1 An integrated impact assessment has considered the diversity implications of these changes and there are no adverse implications.  \n7. OUTCOMES OF CONSULTATION AND CONFLICTS OF INTEREST DECLARED  \n7.1 The trade unions have been consulted on this protocol and their feedback has been positive.  \n8. RECOMMENDATIONS  \n8.1 That the revised TUPE protocol be approved.  \nDIRECTOR: BUSINESS DEVELOPMENT  \nCivic Centre Ashby Road SCUNTHORPE North Lincolnshire DN16 1AB  \nAuthor: Louisa Rae  \nDate: 12 March 2018  \nBackground information used in the preparation of this report: N/A  \n1.0 Introduction  \n1.1 TUPE is an acronym for the Transfer of Undertaking (Protection of Employment) Regulations 2006. This is the main piece of legislation governing the transfer of an undertaking, or part of one, to another.  \n1.2 There are two parties to the transfer process:  \n􀁸 Transferor: the current (outgoing) employer;  \n􀁸 transferee: the new (receiving) employer.  \n1.3 The purpose of TUPE is to protect employees if the business or service in which they are employed changes hands. This includes where services are outsourced, insourced or assigned to a new contractor. Its effect is to move employees and any liabilities from the old employer to the new employer.  \n1.4 Under TUPE, the new employer takes over employees’ contracts of employment including:  \n􀁸 All previous terms and conditions;  \n􀁸 any failures of the old employer to observe employees’ rights;  \n􀁸 holid","cbCairYmy48aKNPP","https://ap.wps.com/l/cbCairYmy48aKNPP","pdf",1050437,"English","# 1. OBJECT AND KEY POINTS IN THIS REPORT\n## 1.1 Outline and seek approval for a revised TUPE protocol\n# 2. BACKGROUND INFORMATION\n## 2.1 TUPE definition and legislative purpose\n## 2.2 Existing 2009 council protocol\n## 2.3 TUPE transfers across multiple sectors\n## 2.4 Rationale for a revised protocol\n# 3. OPTIONS FOR CONSIDERATION\n## 3.1 Approve the revised TUPE protocol\n## 3.2 Recommend further changes\n## 3.3 Continue using the existing protocol\n# 4. ANALYSIS OF OPTIONS\n## 4.1 Benefits of approving the revised protocol\n## 4.2 Risks of further changes or continuing existing protocol\n# 5. RESOURCE IMPLICATIONS\n## 5.1 No additional resource implications\n# 6. OUTCOMES OF INTEGRATED IMPACT ASSESSMENT\n## 6.1 No adverse diversity implications\n# 7. OUTCOMES OF CONSULTATION AND CONFLICTS OF INTEREST DECLARED\n## 7.1 Trade union consultation and positive feedback\n# 8. RECOMMENDATIONS\n## 8.1 Approve the revised TUPE protocol\n# 1.0 INTRODUCTION\n## 1.1 TUPE meaning and scope\n## 1.2 Transferor and transferee roles\n## 1.3 Purpose of protecting employees during service or business change\n## 1.4 What transfers include (employment contracts and liabilities)\n## 1.5 Guidance vs contractual force\n## 1.6 Use as operational guidance for managers and HR practitioners","[{\"question\":\"What is TUPE and what does it cover?\",\"answer\":\"TUPE is the Transfer of Undertaking (Protection of Employment) Regulations 2006. It governs how employees and liabilities move when an undertaking, or part of one, is transferred to another organisation.\"},{\"question\":\"Why was a revised TUPE protocol drafted?\",\"answer\":\"The council’s TUPE transfers have increased in scope and complexity. A revised protocol was drafted to guide managers and HR practitioners in applying TUPE principles for transfers both into and out of the council.\"},{\"question\":\"What recommendation does the report make?\",\"answer\":\"The report recommends approving the revised TUPE protocol, arguing it improves support for managers and HR practitioners and helps ensure compliance with legislative requirements.\"}]","TUPE PROTOCOL - Approval Report | PDF",1789563211,6]