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 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 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 330).