Objecting to a transfer

Employees can object to a transfer before it takes place, even with no good reason. However, simply objecting to a transfer without advice from the union is rarely a good idea. This is because where an employee objects to a transfer:

• the employment contract will end automatically, but there will be no dismissal; and

• there will be no right to claim unfair dismissal 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” (TUPE guidance, 2014).