What is TUPE & Why You May Need a HR Contractor to Manage It
Understanding TUPE (Transfer of Undertakings, Protection of Employment) is essential for any Irish organisation facing a business sale, outsourcing or service provision change.
Whether you're operating in Dublin, Cork, Galway or beyond, the implications are significant and mishandling TUPE can lead to legal claims, employee disruption and reputational damage.
What Is TUPE & When Does It Apply?
TUPE applies to any transfer of a business or service where an economic entity retains its identity after a transfer for example:
✔️A merger, acquisition or part‑sale of a business
✔️Outsourcing, insourcing or switching providers for services like cleaning, IT or catering
Under Irish regulations (S.I. 131 of 2003), when a transfer triggers TUPE:
✔️Employees transfer with their contracts, terms, and accrued service
✔️Both transferor and transferee must inform and consult employee representatives at least 30 days beforehand
✔️Dismissal due solely to the transfer is automatically unfair, unless justified by economic, technical or organisational reasons (ETO)
Pension benefits don’t fully transfer, but occupational pension protections must be maintained by the transferee
Why TUPE Matters for Employers & Candidates
For Employers
Proper TUPE management avoids claims for unfair dismissal or breach of contract. It also mitigates operational risk, protects morale, and ensures business continuity during transfers.
For Candidates & HR Professionals
If you're an existing or incoming employee, TUPE protects your terms and conditions and provides stability. For HR professionals advising on or implementing TUPE, it’s an opportunity to shape successful transition strategies and avoid legal exposure.
Why bring in a TUPE HR contractor?
✔️ Expertise in compliance and timelines; ensures statutory deadlines are met, employee liability information is
accurate, and consultation is effective
✔️ Change management leadership; reduces uncertainty and disruption for staff during the transfer
✔️ Cross-functional coordination; works with legal, payroll, payroll bureaus, employee/union reps and site teams
✔️ Risk mitigation; prevents automatic unfair dismissal claims and ensures HR decisions align with ETO regulations
What Experience Does a Candidate Need?
Your ideal HR Contractor TUPE candidate should bring:
✔️Extensive hands-on experience managing TUPE processes in Ireland
✔️Familiarity with S.I. 131 of 2003 and related case law
✔️Strong consultation and negotiation skills with employee reps or unions
✔️Analytic ability to prepare and review liability data
✔️Change leadership skills and sound commercial awareness
✔️Excellent communication, especially in delivering clear, GDPR-compliant briefings
✔️Experience working in regulated sectors or complex environments is a plus
Quick TUPE Workflow for Employers
✔️Identify if TUPE applies – assess entity identity retention and activity continuity
✔️Inform & consult – collaborate with employee representatives at least 30 days in advance
✔️Share employee liability info – contract terms, collective agreements, grievances/disputes
✔️HR Contractor TUPE steps in – coordinating due diligence, consultation and risk reviews
✔️Protect contracts and terms – ensure continuity of pay, holiday, and other benefits post-transfer
✔️Manage ETO changes – apply changes only for economic, technical or organisational reasons, not transfer alone
✔️Post-transfer integration – support site onboarding, clarify benefits, address staff questions
TUPE is a legally complex but strategically important process. Companies undertaking a transfer need a structured, compliant HR approach and that often means bringing in external expertise.
HR professionals working in TUPE gain hands-on experience, build credibility and drive positive transfer outcomes across Ireland.
Want to hire a TUPE specialist?
For employer queries, head to our Employer Services page or Contact us.
At HR Hire, we take pride in our person-first approach. We listen; we guide; and we focus on long-term, values-led partnerships.
