The Transfer of Undertakings (Protection of Employment) Regulations 2006 ("TUPE") covers those who are employed immediately prior to a transfer (i.e. when a business is transferred from one owner to another or a service delivery change). Because there is a risk self-employed consultants, casual workers or other atypical workers may have been incorrectly identified, it is important to ensure working arrangements are closely scrutinised in advance of a transfer to ensure that no one is excluded from the TUPE process who may later be able to establish employment status.

Tupe_and _non-employees_February_2011.pdf