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Real Talk by NABS: Tackling TUPE

NABS's In Your Corner monthly column offers advice and guidance on some of the common problems people in the industry are facing today.

Ruth Sherrington

Senior Support Advisor NABS

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“I was told recently that my role is going to be TUPE’d. The account that I work on is moving to another agency, but my employer hasn’t explained much about what TUPE is and how it will affect me. Can you help me understand this?  I’m worried about the future and I feel constantly anxious and unsettled.”

I’m sorry to hear that you’re so worried and I’m glad you’ve asked NABS for help.

Last year, our Advice Line received a huge 220% increase in calls relating to TUPE. You are most certainly not alone.

TUPE stands for Transfer of Undertakings (Protection of Employment). It protects employees’ terms and conditions and continuity of employment when their employer changes. It’s common to see TUPE crop up in situations like yours, where a client account moves to another agency, or where companies merge.

TUPE is designed to safeguard employees; however, this positive intent can feel somewhat lost if the process isn’t clear.

As a first step, I’d encourage you to have a look through NABS’ TUPE guide and FAQ’s. It’s a great starting point, giving you a good overview of the process and your rights. Once you’ve read the guide, you may have some specific questions about your situation. You can take these to your manager or HR lead, or give us a call on the NABS Advice Line to chat things through – we can be a sounding board at any point during the process.

We often hear callers ask their employer:

  • Why and how has my role been selected for TUPE?
  • What can I expect from the process? For example, the likely timeline, whether any changes to terms and conditions are being proposed and how consultation will work.
  • What will transferring to the new employer mean in practice? Such as where will my role sit in the new business or is there any risk of redundancy.
  • What happens if I object to the transfer?

Alongside speaking to your employer, it can also be helpful to keep a written record of conversations – whether that’s your employer sharing notes, or you following up by email to confirm what’s been discussed.

I hear you when you say that you’re feeling anxious and unsettled. It can sometimes take a while to line up all of the details behind the scenes. If this is the case and there’s a lull in communications or the information shared is unclear, it can feel confusing.

Please know you’re not alone. We hear from others in similar positions who often experience a real mix of emotions – from frustration or a sense of powerlessness if they don’t feel heard, to worries about what the transfer will mean in practice, such as job security, career progression or company culture. Some notice low mood, reduced motivation, or a sense of loss for what’s being left behind.

All of these responses are normal and valid. When things feel unsettled, it can help to focus on what’s within your control, so you feel steadier and better able to think through your options. 

This might include:

  • Thinking about what more you need from your employer at this stage (clarity, information, check-ins) and how you might ask for this.
  • Reaching out for impartial, industry specific support from the NABS Advice Line. We offer a non-judgemental listening ear, space to feel heard and help understanding your rights and next steps.
  • Taking care of your mental wellness. What one practical step can you take to protect your energy and focus? Who might you lean on in your wider network?
  • Connecting with others. NABS’ free workshops help you build up your skills as well as meet other people in the industry – a great way to gain a fresh perspective on your situation. You can see all of our upcoming workshops in our calendar.

NABS is in your corner. Contact the NABS Advice Line for more help and guidance at nabs.org.uk/get-help/ 

Guest Author

Ruth Sherrington

Senior Support Advisor NABS

About

Ruth Sherrington is a senior support advisor at NABS, working on the Advice Line for the last 6.5 years. Ruth speaks with callers across the industry on a range of topics, including mental health, workplace stress, employment law, finance management, and personal challenges.