What if you are dismissed immediately before the transfer?

You are still protected by TUPE if you are dismissed immediately before the transfer, provided the reason for your dismissal is the transfer (or, where notice of dismissal is given on or before 30 January 2014, a reason connected to the transfer) and there is no economic, technical or organisational reason for your dismissal (see Chapter 6). To stop employers avoiding TUPE by deliberately sacking staff in advance of the transfer date, Regulation 4(3) says that the phrase “immediately before the transfer” includes all those employees who would have been employed immediately before the transfer if they had not been dismissed because of the transfer.