The effect of TUPE on contractual rights and obligations

Under TUPE, the new employer takes on all the old employer’s rights and obligations to its employees except in regard to occupational pensions. These include, for example, liability for personal injury, unpaid wages, notice, holiday pay, or acts of discrimination that took place before the transfer.

Great care is needed when planning a tribunal claim connected with TUPE to ensure it is against the correct employer. Advice should be taken and if there is any uncertainty, the safest course is usually to name both employers as respondents and let the tribunal decide. If both employers are respondents, a separate Acas Early Conciliation Notification Form must be completed for each respondent (see the Acas website for more information).