A deal checklist for transferring staff when a business is sold as a going concern – timetable, employee liability information, consultation, apportionments – with the TUPE warranty and indemnity clauses to include in the asset purchase agreement.
Selling or exiting a business
Asset Sale Employee Transfer (TUPE) Checklist and Contract Clauses
About this document
When a business (or part of it) is sold as a going concern on an asset sale, the employees assigned to it usually transfer automatically to the buyer under the TUPE Regulations, on their existing terms and with their full employment history. Getting TUPE wrong can lead to compensation of up to 13 weeks’ pay per employee for failing to inform and consult, and to unfair dismissal claims. This document gives both seller and buyer a practical timetable and the contract clauses that share the risks fairly.
The document is laid out in the sections below. Each one comes with a plain-English guidance note explaining what it does and what to change.
Our templates are professionally structured starting points for UK businesses, not legal advice. For anything complex, unusual or high-value, have your final version checked by a solicitor.
Included in the pack
Selling or exiting a business
for every document in this category
Editable Microsoft Word files
Guidance notes in every document
Written for UK businesses
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