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Document What is TUPE?

The term 'TUPE' refers to the Transfer of Undertakings (Protection of Employment) Regulations 2006. These regulations protect employees' contractual terms and conditions when they undergo a compulsory transfer to an organisation outside the NHS. They apply to all NHS employees who are obliged to move to a private sector employer, including those who cease to be entitled to membership of the NHS Pension Scheme.

Government policy states that a former public sector employee who is transferred to the private sector should continue to have pension provision made for them which is equivalent to their former public sector pension. Their new employer is required to offered occupational pension provisions which are broadly comparable to the provisions offered by their former public sector employer.

The Government Actuary's Department is responsible for certifying whether or not the receiving employers' pension scheme is broadly comparable.

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