The Transfer of Undertakings (Protection of Employees) Regulations (TUPE), are designed to protect your job when possible if your employer sells their business. It is designed to ensure that your employment rights are transferred to your new employer.

When Does TUPE Apply?

TUPE is a complex area of law, but it may apply to you if the business in which you work:

  • is sold as a going concern (all or part of the business)
  • the section in which you work is outsourced
  • the premises are licensed to another person who carries out the same business from those premises

Effects of TUPE

If TUPE does apply to you, you will have the same legal rights of employment with your new employer that you had with your old one. It is as if you were always employed by the new employer.

Breach of TUPE

If your new employer dismisses you, your dismissal will automatically be unfair and you will be entitled to compensation unless the dismissal is for an economical, technical or organisational reason.

Can We Help You?

TUPE is a complex area of law. If you want to know your legal rights, please call us on 01634 811 118, complete our online enquiry form, or email our Employment Law specialist Chris Eastland.

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