Transfer of Undertakings (Protection of Employment) (TUPE), refers to a government measure which aims to protect employee rights when transferring to a new employer, occurring when;
- An organisation, or part of it, is transferred from one employer to another
- Service is transferred to a new provider, for example when another company takes over a catering/cleaning contract
Participating WMPF employers must ensure that, in line with Government measures, pension rights are protected when employees’ employment changes as a result of a job transfer.
Please see the below guidance to determine the relevant process to inform the Fund of TUPE occurrences.
| Detail | TUPE? | Action |
| Member(s) transferring to another employer- pension scheme details unconfirmed i.e. transfer from a participating WMPF scheme employer to a new admission body under an admission agreement | Yes | An exit interface is only required if the new employer participates in a different LGPS Fund (not WMPF) or any other broadly comparable scheme. If the details are unknown, obtain clarification from the scheme employer, who awarded the initial contract, prior to the submission of an exit interface notification. Initially, we require details of member/s involved in the transfer*, in the form of a bulk transfer file (which can be found in the Downloads section). Both the former and new employer are to submit this information to allow us to ensure the transferring member files correspond. |
| Member(s) transferring to an employer outside of the WMPF e.g. in the case of outsourcing to a contractor that participates in a different LGPS scheme | Yes | An exit interface is to be submitted via Employer Self-Service. We require details of member/s involved in the transfer in the form of a bulk transfer file (which can be found in the Downloads section). This allows us to monitor exit interface submission, required within 30 days of month end date of leaving, and provides the necessary information about members leaving the scheme which is then confirmed to our actuary. We require an exit interface to be submitted because it is not an internal transfer (transfer between two WMPF scheme employers). Each member record will need to be processed as a leaver and will no longer be an active contributor to the WMPF. |
| Member(s) transferring to a participating WMPF scheme employer e.g., transfers to another academy or district council | Yes | Exit interface not required. Initially, we require details of the member/s involved in the transfer* in the form of a bulk transfer file (which can be found in the Downloads section). Both the former and new employer are required to submit this information to allow us to ensure the transferring member files correspond. Please note, any members that are not subject to the transfer and subsequently leaving employment will require the submission of an exit interface. *As a result of a recent policy change, all eligible employees, that have previously opted out of the LGPS, should be confirmed in the bulk transfer file (with an indication that the member/s are not currently contributing to the LGPS). These employees will be quoted on the admission agreement to allow them the option to become a member of the scheme at a later date, if they so wish. |
TUPE data files can be sent to the Fund at WMPFEmployerliaison2@wolverhampton.gov.uk or submitted via an Admin Referral workflow.
Note – a statutory notification is not required for TUPE transfers due to concurrent employment.
If a member doesn’t fall into one of the above scenarios, please refer to submit a leaver for more information.