TUPE can preserve an employee's job, continuity and contractual rights when a business or service moves to a new employer. The first question is whether the transfer is within the regulations.
Use this guide to identify what should have happened, which records should exist and which questions still need an answer.
Key points
- Start with employment status and the exact event.
- Separate contract, policy, statutory right and good practice.
- Ask for reasons and records that can be tested.
- Keep internal and external deadlines on separate calendars.
Transfer audit
Ask five questions
- What business or service is changing hands, and when?
- Are you assigned to the transferring undertaking or organised grouping?
- What employee information, terms and liabilities are said to transfer?
- What “measures” does either employer expect after transfer?
- Is any proposed change, dismissal or redundancy connected with the transfer?
What normally transfers
Where TUPE applies, the new employer generally takes over the transferring employee's employment contract, continuity and many associated rights and liabilities. Terms can include pay, role, hours, contractual holiday and sick pay, bonuses, allowances and relevant collective terms. Some occupational pension matters are treated differently.
Information and consultation
The old and new employers must inform appropriate representatives about the transfer. If measures are envisaged, genuine consultation is required. Ask for the transfer date, reasons, legal and economic implications, affected employees and proposed measures. Smaller transfers may allow direct consultation in specified circumstances, but that does not remove the underlying information duties.
Changes after transfer
A change is not lawful merely because the new employer wants everyone on one set of terms. Identify the contractual source, the reason for the change and its connection with the transfer. TUPE has specific rules for transfer-related variations and dismissals, including economic, technical or organisational reasons entailing workforce changes.
Objecting to transfer
An employee can object, but the usual effect is that employment ends at the transfer without an ordinary dismissal by either employer. That can remove important claims and payments. Get individual advice before objecting or resigning, particularly where a substantial detrimental change is proposed.
Redundancy and transfer
A transfer does not make every later redundancy unlawful, and it does not remove redundancy protections. Examine the genuine business reason, pool, selection, consultation and alternatives, as well as whether the reason is transfer-related.
What can you realistically ask for?
- A clear written explanation of the decision and the rule used.
- Correction of factual or procedural errors.
- A reconsideration, meeting, appeal or grievance outcome where appropriate.
- Preservation and disclosure of the material needed to understand the decision.
- A specific practical remedy rather than a general request to “deal with it”.
Evidence worth keeping
Preserve original, dated records. Keep a short chronology linking each item to the fact it may prove.
Common employer responses, and what they do not necessarily prove
| Employer says | What to check |
|---|---|
| “Nothing changes except the employer name.” | Ask for that to be confirmed alongside any proposed measures, location, reporting or policy changes. |
| “The new employer can harmonise everyone immediately.” | TUPE restricts transfer-related contractual changes; harmonisation is not a complete legal reason. |
| “If you object, you are redundant.” | Objection usually has a different legal effect and can sacrifice rights. It needs careful advice. |
What to say next
Adapt the wording to the facts. Do not state that a right definitely applies until you have checked status, eligibility, dates and the correct legal route.
What to do
A practical next-step plan
- Record the event, decision, date, people involved and practical effect.
- Identify the contractual, policy and statutory routes separately.
- Request the precise reason and the smallest useful evidence set.
- Use the internal process and ask for a defined remedy.
- Protect the Acas and tribunal deadline independently of internal discussions.
Escalation and time limits
For most employment tribunal claims whose time limit starts on or after 1 October 2026, the primary limit is now six months minus one day. If the time limit started before that date, the earlier three-month-minus-one-day framework usually continues to apply. Some claims have different limits, including statutory redundancy pay, and interim relief in certain dismissal cases can require action within seven days.
An internal request, grievance, disciplinary process or appeal does not normally stop the tribunal clock. Notify Acas within the applicable limit. Early conciliation pauses the clock only within the statutory scheme, and the calculation can be technical where there are several acts or respondents.
Official sources
Check the current source material.
- Acas: TUPE transfers ↗
- Acas: What a TUPE transfer is ↗
- Acas: Informing and consulting employees ↗
- TUPE Regulations 2006 ↗
ConsumerWise provides general information rather than individual legal advice. Check current rules, dates, status and eligibility against the official source before acting.