Business transfers, takeovers and TUPE
Employees working abroad
Employees of a UK business who are based outside the UK could still be protected by TUPE.
In business transfers, if a business has an ‘undertaking’ in the UK (for example building, assets, fixtures and fittings, employees) but an employee spends most of the working week outside the UK, it’s likely they’re protected.
In service provision changes, there must be an organised group of employees in England, Scotland or Wales to qualify for TUPE protection.
Example
A team is doing website maintenance under a contract that’s coming to an end and someone else is taking it over.
If the contract is performed in the UK, but one team member works from home in a country other than England, Scotland and Wales, it’s likely they’re protected.
If the whole team works from home in a country other than England, Scotland or Wales, the members would not be protected as there’s no organised group of employees in one of those countries.