LRD guides and handbook May 2013

Law at Work 2013

Chapter 10

Business transfers

It is automatically unfair to dismiss an employee where the sole or main reason for the dismissal is the transfer itself or a reason connected with the transfer that is not an economic, technical or organisational reason entailing changes in the workforce: Regulation 7 of the Transfer of Undertakings Regulations 2006 (TUPE). Note that unlike most automatically unfair dismissals, this type of claim requires two years’ service (see Chapter 12).