Objecting to a transfer
[ch 12: page 478]The law allows employees to object to a transfer before it takes place, even with no good reason. This is because the law says nobody can be forced to work for someone else against their will. However, simply objecting to a transfer without advice from your union is rarely a good idea. This is because where an employee objects to a transfer:
• the employment contract will end automatically, but the employee will not be treated as having been dismissed; and
• there will be no right to claim unfair dismissal rights or a redundancy payment (regulation 4(7) and 4(8), TUPE).
After the objection, “the transferor may re-engage the employee on whatever terms they agree” (BIS TUPE guidance, 2014).
The right to object is used as one step in the negotiated Retention of Employment Model (see page 480).