Dismissals and business transfers
[ch 10: page 338]It is automatically unfair to dismiss an employee where the sole or main reason for the dismissal is a business transfer or service provision change and there is no economic, technical or organisational reason for the dismissal entailing changes in the workforce (regulation 7, Transfer of Undertakings Regulations 2006 (TUPE)). The protection against dismissal provided by TUPE is explained in Chapter 12. Unlike most automatically unfair dismissals, this type of claim requires two years’service.