Unfair dismissal law – An LRD guide for union reps (December 2023)

Chapter 8

A business transfer (TUPE)

[page 81]

Dismissals following a business transfer or service provision change where there is no economic, technical or organisational (ETO) reason for the dismissal entailing changes in the workforce are automatically unfair (regulation 7, Transfer of Undertakings Regulations 2006 (TUPE)).

Unlike most automatically unfair dismissals, two years’ service is needed (one year in Northern Ireland).


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