It is a UK law whereby the employer must inform staff and automatically transfer employment contracts, including pay and term, to the new employer. TUPE applies during:
As per the UK government website:
When TUPE applies:
It can provide you with job security and prevents job losses that may be caused from a change of employer.
Your rights are protected meaning your employment terms, rights and conditions are transferred to your new employer.
It ensures fair treatment, protecting you against unfair dismissals that would occur from the transfer.
Wrongful dismissal concerns your employment contract being broken by your employer
Including, but not exclusively, race, gender and sexual orientation. Many dismissal claims also include a discrimination element.
Harassment is any unwanted conduct that violates your dignity or creates a hostile and humiliating workplace.
A settlement agreement is a legally binding contract between an employee and employer where both parties mutually agree to terminate the employment relationship and contractually agree not to make any future claims against each other.
Whistleblowing is the act of raising concerns in the workplace or having ‘blown the whistle’ on an employer’s wrongdoings.
Managing Partner and Head of Dispute Resolution
Hal is the managing partner and head of dispute resolution. He has a wide range of expertise gained from over 30 years of experience in numerous areas of practice, including commercial and general litigation, inheritance disputes, employment, family law and immigration.
Partner and Head of Corporate
Harender is an experienced partner and head of the corporate department, having acted on corporate and commercial matters for over 20 years. Harender previously headed up the corporate team of the London office of a national firm, before joining us in 2012. Harender prides herself on long term client relationships and offering clear, user-friendly advice through her personable approach.
Partner and Head of Employment
Elliot is a seasoned litigator in the employment field, able to represent high profile clients in the Employment Tribunal, the Employment Appeal Tribunal (“EAT”), High Court and Court of Appeal. Elliot’s legal practice consists of all manner of Equality Act claims (discrimination, victimisation, harassment, equal pay etc) and whistleblowing claims including automatic unfair dismissal and detriment claims. He can also advise and represent in Unfair Dismissal, Wrongful Dismissal, Constructive Dismissal and Breach of Contract Claims.
Associate - Employment and Disputes
Emily Iveson joined the firm in October 2023, starting her training contract in May 2024, working in the litigation, family and employment departments. Emily has now completed her training and qualified as a solicitor, working across the employment and disputes teams.
Consultant – Dispute Resolution, Employment & Family Law
Nadia’s practice represents a broad cross-section of the kind of legal services that most businesses and individuals typically need, regardless of industry sector or client profile, with a particular focus on dispute resolution.
Under TUPE your job is protected, with all contractual details transferring across. Your length of service will be carried over as if there had been no changes.
No changes can be made that are directly connected to the transfer, they are legally void, even if you agree to them.
No, this would be an unfair dismissal, no matter how long you’ve worked there for. If you feel you were pushed out of employment or were dismissed shortly before or after a business transfer, you may have a strong claim for unfair dismissal.
