TUPE Advice for Employees

Your Job is Transferring? Know Your TUPE Rights.

Discovering your job is moving to a new employer can be unsettling. The TUPE regulations exist to protect you. Our SRA-regulated solicitors are experts in TUPE law and are here to provide clear advice on your rights and ensure you are treated fairly.

This page is for employees. If you are an employer, please visit our dedicated page.

A solicitor explaining TUPE rights to an employee

Your Key Rights Protected by TUPE

TUPE is designed to safeguard your employment rights. The new employer effectively steps into the shoes of your old employer.

Your Job is Protected: Your employment automatically transfers to the new employer. You cannot be dismissed simply because of the transfer.
Your Contract Terms are Protected: Your existing terms and conditions of employment (salary, hours, holiday etc.) transfer with you.
Your Continuous Service is Protected: Your start date for calculating continuous service remains the date you joined your original employer.

Your TUPE Action Plan

If you are facing a TUPE transfer, it's vital to know your rights and what to look out for. Here are the key areas where our solicitors can provide immediate help.

Key Area

What You Need to Know

Immediate Action Required

Contract Protection

Your new employer cannot lawfully change your contract to your detriment just because of the transfer. Changes to "harmonise" terms are generally unlawful.

Submit Your Contract for Review

Dismissal Risks

Any dismissal where the sole or principal reason is the transfer itself is an automatically unfair dismissal. Compensation can be up to a year's gross pay (capped at £105,707).

Discuss a Dismissal Confidentially

Consultation Rights

Your employer has a legal duty to inform and consult with you "in good time" before the transfer. A failure to do so can lead to a protective award of up to 13 weeks' gross pay.

Report a Lack of Consultation

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Your Questions About TUPE Answered

Your Rights During the Transfer

What information should I receive about the transfer?

Your employer has a legal duty to inform you about the transfer long before it happens. They must tell you that the transfer is happening, when it will happen, why it is happening, and explain any legal, economic, or social implications for you, such as planned changes to your role.

Can I refuse to transfer to the new employer?

Yes, you have the right to object to the transfer. However, this is a significant decision. If you object, your employment legally ends on the transfer date and it is treated as a resignation. This means you will not be entitled to claim redundancy pay or unfair dismissal.

What happens to my pension?

This is a complex area. While old age, invalidity and survivor's benefits under an occupational pension scheme are not covered by TUPE, the new employer must provide a minimum level of pension contributions into a new or existing scheme for you.

What if the new employer's office is in a different location?

If the transfer results in a substantial and detrimental change to your working conditions, such as a difficult new commute, you may have the right to resign and claim constructive dismissal. We can advise you if this applies to your situation.

Your Rights After the Transfer

Can my new employer make me redundant?

Yes, but not simply because of the transfer. If there is a genuine economic, technical, or organisational (ETO) reason for making redundancies after the transfer (e.g., a reorganisation), then a fair redundancy process can be followed. A dismissal just because of the transfer itself would be automatically unfair.

Can they change my job title or duties?

Your role should remain substantially the same after the transfer. A significant and detrimental change to your duties could be a breach of your contract, potentially giving you grounds to resign and claim constructive dismissal. We can assess any changes and advise on your options.

My new employer has a different holiday allowance. Do I lose my extra days?

No. Your contractual holiday entitlement is protected under TUPE. Your new employer cannot legally force you to accept a lower holiday allowance simply to harmonise your contract with their existing staff.

What are the time limits for bringing a TUPE-related claim?

The standard employment law time limits apply. This means you must start the ACAS Early Conciliation process within **three months less one day** of the act you are complaining about (e.g., the date of dismissal or a detrimental change to your contract). It is vital to seek advice quickly.