How to Check Right to Work During a TUPE Transfer

When a business undergoes a corporate acquisition, service provision change, or internal restructuring governed by the Transfer of Undertakings (Protection of Employment) Regulations (TUPE), corporate mobility leads face immediate operational pressures.

Managing the transfer of hundreds of employment contracts requires balancing commercial continuity with strict Home Office immigration compliance. Knowing how to check right to work status correctly during a TUPE transfer is essential to protect your organisation from civil penalties and potential sponsor licence risks.

Understanding TUPE Right To Work Checks And Existing Statutory Excuses

Under UK illegal working legislation, employers can establish a statutory excuse against civil penalties by conducting compliant Right to Work checks before employment commences. During a TUPE transfer, employment contracts transfer automatically from the transferor (outgoing employer) to the transferee (incoming employer) by operation of law.

Where the outgoing employer established a valid statutory excuse through a compliant Right to Work check, that protection can transfer to the incoming employer under TUPE. However, the incoming employer should obtain and review the relevant records, confirm that any required follow-up checks have been completed, and identify employees whose immigration permission is time-limited.

Why Incoming Employers Should Review Existing Right To Work Records

Although an existing statutory excuse may transfer, Global Mobility teams and HR leaders should treat a TUPE transfer as an opportunity to review inherited immigration records. Carrying out fresh TUPE right to work checks across transferring staff allows your team to audit records firsthand, identify historic gaps, and standardise immigration files across enterprise HR systems.

Key reasons to conduct fresh checks include:

• Identifying Inherited Compliance Risks: Reviewing missing or non-compliant historical records and determining what further action is needed.
• Centralising HRIS Records: Ensuring employee files align with corporate record-keeping standards and digital verification procedures.
• Validating Visa Expiry Dates: Establishing an accurate central register of time-limited immigration permission to prevent missed follow-up checks.

Navigating The 60-Day Grace Period Effectively

The Home Office recognises that incoming employers may face practical difficulties completing Right to Work checks immediately following a TUPE transfer. A 60-calendar-day grace period therefore applies from the date of a relevant transfer, allowing the incoming employer to carry out fresh checks on the employees it has acquired.

This concession should not be treated as automatic protection against illegal working penalties. Incoming employers may rely on a valid statutory excuse established by the outgoing employer, provided the relevant requirements continue to be met. Where fresh checks are needed or the employer chooses to conduct them, the 60-day concession provides a limited period for doing so. Any required follow-up checks must still be completed within their applicable deadlines.

Global Mobility and HR teams should use this period to verify transferring employees' Right to Work status, resolve gaps in inherited records, and establish a clear schedule for any future checks.

Workers Who Are Not Employees: The October 2026 Change

TUPE only protects employees. The Home Office’s updated employer’s guide, in force from 1 October 2026, confirms that the TUPE regulations do not apply to individuals engaged under a contract for services as workers. If your organisation enters into a new arrangement with such an individual on or after that date, following a change in the employer they work for, there is no inherited statutory excuse and no 60-day grace period. A compliant right to work check must be completed before the new arrangement begins. Where a transfer involves a mixed workforce of employees, workers and individual sub-contractors, identify each group early so the correct timeline is applied to each.

Applying The Correct Verification Method

When carrying out fresh checks during or immediately after a transfer, Global Mobility managers must use the correct Home Office verification method based on the employee's nationality and immigration status.

Your verification strategy should follow these three core avenues:

• Home Office Online Service: Used for individuals with an eVisa or other eligible digital immigration status. The employee provides a Right to Work share code and date of birth, allowing the employer to check their permission and any work restrictions through the official Home Office service.
• Digital Identity Verification: Employers can use an appropriately registered Right to Work digital verification service provider to check eligible British and Irish passport holders digitally, in accordance with Home Office requirements.
• Manual Document Checks: Permitted where the individual presents acceptable original documents listed in Home Office guidance, such as a British or Irish passport or certain combinations of documents establishing the Right to Work.

Where an employee cannot demonstrate their status through the usual checking methods, the employer may need to use the Home Office Employer Checking Service to obtain confirmation of their Right to Work.

Monitoring Time-Limited Permission And Sponsored Workers

For a successful corporate transition, Global Mobility teams must pay particular attention to employees with time-limited immigration permission and those sponsored under the Skilled Worker route.

Key steps for managing visa holders include:

• Creating A Visa Expiry Register: Record relevant permission expiry dates and schedule any required follow-up checks to ensure deadlines are not missed.
• Managing Sponsored Workers: Identify employees sponsored under the Skilled Worker route and assess whether the transfer changes sponsorship responsibility. Review the applicable Home Office reporting requirements, including the 20-working-day deadline for relevant organisational changes, and confirm whether the incoming employer requires a sponsor licence or further action.
• Reviewing Impending Renewals: Confirm whether transferring staff require visa extensions, sponsorship updates, or other immigration action following the transfer.

Essential Steps For Your TUPE Transfer Checklist

To help maintain immigration compliance throughout the transition, incorporate the following steps into your TUPE transfer checklist:

• Request Immigration Evidence During Due Diligence: Arrange for the transferor to provide relevant Right to Work records and immigration information through an appropriate, secure process, alongside the required Employee Liability Information.
• Audit Incoming Files Promptly: Review historical Right to Work records during pre-completion planning to identify missing evidence, incomplete checks, or upcoming immigration deadlines.
• Issue Clear Staff Communications: Inform transferring employees about the verification process, explaining how to generate share codes or present acceptable documentation where required.
• Plan Any Fresh Checks: Where new checks are required or undertaken, schedule them within the applicable 60-day period while ensuring that existing follow-up check deadlines are met.
• Update SMS And HR Systems: Assess the relevant sponsorship reporting obligations, submit required notifications within applicable deadlines, and update internal records to reflect changes in sponsorship responsibility or reporting lines.

Need Help Managing Right To Work Checks During A TUPE Transfer?

TUPE transfers can create complex immigration compliance challenges, particularly when managing inherited Right to Work records, time-limited visas, and sponsored workers. UK Visas can help your organisation review existing documentation, identify potential compliance gaps, and manage the relevant checking and reporting requirements. Speak to our specialist team for practical guidance and support to help ensure a smooth transition while protecting your organisation from unnecessary immigration compliance risks.

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