The UK Government calls for evidence on TUPE

On 8 April 2026, the Government launched a call for evidence on the Transfer of Undertakings (Protection of Employment) Regulations (TUPE) that protect workers when organisations change hands.

The call for evidence forms part of the Government's 'Make Work Pay' proposals, and states that the Government is committed to strengthening the existing set of rights and protections for employees subject to TUPE processes, including modernising TUPE to improve overall efficiency. It is seeking views from a wide-ranging audience on the effectiveness of TUPE as it stands to consider how it can be improved. Responses to the call for evidence will be used to develop policy proposals about which the Government will consult in due course.

The call for evidence set out 24 questions seeking views on respondents' experiences of:

• The current protections offered by TUPE.
• Determining whether a relevant transfer under TUPE has taken place.
• Informing and consulting with employee representatives.
• The guidance and support currently available to employee representatives and employers during the TUPE process.
• Variation of terms and conditions of employment in the context of a TUPE transfer.
• The cost and impact of a TUPE transfer.
• Whether TUPE has resulted in any unintended consequences for individuals with a protected characteristic under the Equality Act 2010 or from specific socio-economic backgrounds.

Comment

Although to date the Government has not published any specific proposals on TUPE reform this call for evidence was prefaced by announcements in October 2024 and November 2025. Hence it is possible that proposals for legislative change will emerge from this exercise, despite the already very large agenda of reforms in other areas of employment law created by the Employment Rights Act 2025.

The call for evidence closes at 11.59 pm on 1 July 2026 and will be followed by the Government's own response in due course. If you have any views that you would like the Withers employment team to express on your behalf, please don't hesitate to get in touch. If you would prefer to respond directly you can do so using the link above.

This article is authored by Christina Morton, senior knowledge lawyer in the UK employment team.