Homecare Association response to the TUPE call for evidence
The Homecare Association has responded to the Department of Business and Trade's call for evidence on reforming the Transfer of Undertakings (Protection of Employment) Regulations.
The Homecare Association supports the purpose of TUPE in protecting employees during organisational change. In homecare, successful TUPE processes also support continuity of care by maintaining trusted relationships between care workers and people drawing on care and support.
One overriding insight has guided our response: TUPE cannot be considered separately from the wider environment in which homecare transfers take place. The challenges experienced within homecare usually arise not from the principle of TUPE itself, but from how transfers operate in practice within a publicly commissioned care market.
Providers are often operating within systems where commissioning decisions influence transfer timescales, available information, contract funding and workforce sustainability. Incoming providers may have limited control over employment practices that existed before transfer, while also being responsible for maintaining safe, continuous services.
Members highlighted that successful transfers require:
- realistic mobilisation periods
- accurate and timely employee liability information
- cooperation from outgoing providers
- clear understanding from commissioners
- recognition of lawful employment costs within commissioning arrangements
Protecting employees, supporting responsible providers and maintaining continuity of care are interconnected aims. Future reform should ensure TUPE continues to provide strong employment protections while addressing the practical barriers that prevent the process working effectively.
The aim should be a system where employees remain protected, people receiving care experience continuity and responsible providers can continue delivering sustainable services.
