7. Unfair dismissal rights

Regulation 7 of TUPE contains specific protection from dismissal due to a transfer. This is in addition to the protection provided by the general law of unfair dismissal.

In England, Wales and Scotland, this protection was weakened by changes to TUPE made by the Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2014 (CRTUPEA). The change to the law affects all dismissals connected to TUPE transfers taking place on or after 31 January 2014.

The new law has made it faster and easier for employers to carry out dismissals connected to a transfer. The CRTUPEA regulations do not apply in Northern Ireland, where the law has not changed (see box on page 11).