Chapter 7
How long does TUPE protection from dismissal last?
[ch 7: page 76]TUPE protection from dismissal lasts indefinitely. However, the more time that passes, the harder it becomes to show the link between transfer and dismissal. In Taylor v Connex South Eastern Railways UKEAT/1243/99, a dismissal that was carried out two years after a transfer was automatically unfair in breach of TUPE. Taylor was dismissed for refusing to agree to the unlawful harmonisation of his terms and conditions (cuts to his contractual redundancy and holiday pay to bring them into line with those of the transferee’s workforce — see page 60).
See also LRD’s guide to unfair dismissal law, Unfair dismissal — a legal guide for union reps (http://www.lrdpublications.org.uk/publications.php?pub=BK&iss=1746).