A TUPE transfer occurs when your employer transfers all or part of their business, services, or contracts to another employer. In these situations, your employment rights are protected, and your job should transfer automatically to the new employer.

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What TUPE means for you

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• Your employment contract does not end – it transfers to the new employer.

• Your terms and conditions stay the same.

• Your continuous employment is preserved, as if you had always worked for the new employer.

 

Employer duties before the transfer

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Your employer must:

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• inform you about the transfer,

• explain any changes that may affect you (e.g., location, hours, structure),

• consult with employees or their representatives.

 

There is no fixed legal deadline, but information must be provided early enough for you to understand and discuss it.

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If the TUPE process is not followed correctly

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You may be entitled to compensation of up to 13 weeks’ pay.

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Changes to your terms after the transfer

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The new employer can change your terms only if:

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• the change improves your conditions, or

• there is a valid economic, technical or organisational (ETO) reason, such as:

– restructuring,

– new processes or equipment,

– significant cost savings,

– relocation.

 

Your terms are protected indefinitely. Even 10 years after the transfer, the employer must show that any change is not connected to TUPE.

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Can you refuse the transfer?

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You can refuse to transfer, but this is usually treated as resignation, meaning you normally lose the right to redundancy pay.

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Dismissals before and after the transfer

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• Before the transfer: Your current employer cannot dismiss you simply because the new employer requests it — this would be unfair dismissal.

• After the transfer: The new employer can make redundancies only if there is a genuine reason and a real need for changes, such as:

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– relocation,

– reducing staff numbers,

– too many employees transferring into the same role.

 

When to seek advice

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TUPE can be complex, and mistakes by employers are common. If you’re unsure about your rights, the consultation process, or proposed changes, I can review your situation and explain your options.