TUPE Rights Checker UK

TUPE stands for Transfer of Undertakings (Protection of Employment) Regulations 2006 (as amended by the Collective Redundancies and TUPE (Amendment) Regulations 2014). It applies when a business or part of a business is transferred to another employer, or when a service such as cleaning, catering, or IT support changes hands between contractors. When TUPE applies, employees automatically transfer to the new employer on the same terms and conditions, with their continuous employment preserved.

Yes. One of TUPE's strongest protections is that your existing terms and conditions transfer with you. The new employer cannot impose new contracts with worse terms simply because of the transfer. Any attempt to change your terms because of the transfer is legally void. Very limited exceptions exist where changes may be permitted for economic, technical or organisational reasons, but these are tightly controlled by law.

Dismissal connected to a TUPE transfer is automatically unfair unless the employer can demonstrate an economic, technical or organisational reason entailing changes in the workforce — known as an ETO reason. Even if an ETO reason exists, standard unfair dismissal rules then apply. If you are dismissed in connection with a TUPE transfer, you should seek legal advice and consider an employment tribunal claim.

Both the outgoing and incoming employers have legal obligations to inform and consult employee representatives before a TUPE transfer. They must provide: the fact that a transfer is happening and when, the legal, economic and social implications for employees, any measures proposed in connection with the transfer, and information about the new employer. Failure to inform and consult can result in compensation of up to 13 weeks' pay per employee.

You have the right to object to transferring to the new employer. If you object, your employment ends on the transfer date and you are generally not treated as having been dismissed — meaning you will not normally have a claim for unfair dismissal or redundancy pay. However, if the transfer involves a substantial change to your working conditions to your material detriment, you may be able to treat yourself as constructively dismissed and bring a claim.