Home
Knowledge Base
TUPE (Transfer of Undertakings)

TUPE (Transfer of Undertakings)

Legislation that protects employees' rights when a business transfers from one owner to another.

If you buy a restaurant, you generally inherit the existing staff on their existing terms and service years. You cannot simply fire everyone and start fresh. Ignoring TUPE regulations is one of the most expensive mistakes a new business owner can make

Frequently Asked Questions

Can I cut wages after a TUPE transfer to align with my other staff?

No. You cannot harmonise terms and conditions downwards. The transferred employees are legally protected to keep their old contracts. If the previous owner paid them €18/hour and your standard rate is €14/hour, you must continue to pay them €18/hour. Any changes require the employee's explicit agreement, which they are unlikely to give.

If I buy a restaurant, do I have to keep the old staff?

Under TUPE regulations, if you are buying the business as a "going concern" (keeping the same identity, equipment, and customers), the employees automatically transfer to you on their existing terms and conditions (pay, years of service, accrued holidays). You cannot refuse to take them, nor can you dismiss them purely because of the transfer.