Introduction

Where a business is transferred from one employer to another, the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) operate to transfer the employment contracts of all employees “assigned” to the business immediately before the transfer, unless they object before the transfer. All terms and conditions will transfer intact to the new employer, except occupational pensions. TUPE applies automatically.

A dismissal in breach of TUPE is automatically unfair but employees need two years’ service to bring a claim. This is a complex area of law and this Chapter aims to provide a brief signpost towards the key issues. For more information, see LRD’s annual publication, Law at Work (www.lrdpublications.org.uk/publications.php?pub=BK&iss=1664).