LRD guides and handbook February 2014

TUPE - a guide to using the law for union reps

Chapter 6

How long does TUPE protection against dismissal last?

[ch 6: page 74]

Employees have protection against dismissal in breach of TUPE for the entire length of their contract. However, the more time that passes, the harder it becomes to show the link between transfer and dismissal. In Taylor v Connex South Eastern Railways UKEAT/1243/99, a dismissal two years after the transfer was automatically unfair in breach of TUPE.