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 those relating to pensions — see pages 67-69). These include, for example, any liability for personal injury or unpaid wages, notice or holiday pay, or acts of discrimination that took place before the transfer.

Great care is needed when bringing 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 to issue the claim against both employers and to let the tribunal decide. Since 29 July 2013, all tribunal claims attract a fee. However, as long as just one claim is issued, the tribunal fee for the claim will be the same even though more than one respondent is named.