Transfer of Undertakings

Worried about what a business transfer means for your job?

If your employer is being taken over, merging, or handing services to a new provider, your job might be protected under the TUPE regulations. TUPE stands for the Transfer of Undertakings (Protection of Employment), and it’s there to make sure your terms and conditions don’t just disappear when a new company takes over.

But while your rights should transfer automatically, the process doesn’t always feel that simple. If you’ve been left in the dark, pressured to accept new terms, or worried about your job security, it’s worth speaking to a solicitor early.

How GloverPriest Can Help

TUPE can be a difficult area of employment law – but we’ll keep things simple. Our solicitors have experience advising both employees and employers through business transfers, service provider changes, and outsourcing arrangements.

We can support you with:

• Understanding if TUPE applies to your situation
• Advice on what a transfer means for your contract, rights, and entitlements
• Challenging changes to your role or working conditions
• Support if you’ve been dismissed or treated unfairly as a result of the transfer

If something doesn’t feel right about the transfer process, we’ll help you explore your options and take action if needed. Get in touch today

What is TUPE?

TUPE stands for the Transfer of Undertakings (Protection of Employment) Regulations 2006. These rules protect employees when a business – or part of it – moves to a new employer. If TUPE applies, your contract transfers automatically and your rights remain protected.

You shouldn’t lose pay, benefits, or continuity of service just because the business has changed hands.

When Does TUPE Apply?

TUPE applies in two main scenarios:

• Business transfers – such as mergers, acquisitions, or selling part of a business (regulation 3(1)(a) of TUPE)
• Service provision changes – such as outsourcing, changing suppliers, or bringing services back in-house (regulation 3(1)(b) of TUPE).

It won’t apply in every case (for example, when only shares are sold, not the business itself) – but if your role is changing as part of a wider transfer, it’s worth checking where you stand.

Employers must also consult with employees in advance, especially about any planned changes to working practices, pay, or conditions. If this consultation doesn’t happen, or you’re left confused or misinformed, that could be grounds for a claim.

Has Your TUPE Transfer Been Handled Fairly?

Even when TUPE applies, the process must still be fair. You might have grounds to challenge it if:

• You weren’t properly consulted before the transfer
• You were dismissed without a valid reason connected to the transfer
• Your new employer tries to change your contract to less favourable terms
• You were selected for redundancy without clear, objective criteria
• You’re doing the same job under a new name – or under new pressure

Some employers push for “harmonisation” – aligning transferred employees with their current workforce. If this means losing holiday, pay, bonuses or other benefits, and you’re being pressured to accept, that’s not necessarily legal.

In some cases, employers may even try to dismiss and rehire on new terms. This could breach TUPE regulations, and legal advice should be taken straight away.

Worried About TUPE? Get Advice Early

You don’t have to wait until problems arise. If your employer has announced a transfer – or you’ve already been moved across – it’s worth speaking to a solicitor early on. We’ll help you understand:

• Whether the transfer was lawful
• If your terms have been affected
• What to do if you’ve been dismissed, sidelined, or treated unfairly

Early advice could make all the difference - speak with our specialist employment law solicitors today

Why Choose GloverPriest for TUPE Advice?

At GloverPriest, we understand how unsettling it can be when your job changes hands. That’s why we take the time to explain things clearly, listen to your concerns, and guide you through the process.

When you work with us, you can expect:

• Straightforward legal advice from experienced employment solicitors
• A clear understanding of your rights under TUPE
• Support with challenging unfair treatment or dismissal
• Tailored advice based on your circumstances
• Rated 4.9/5 stars by clients on ReviewSolicitors

Speak to a Specialist TUPE Solicitor Today

If you’re facing a business transfer and aren’t sure how it affects your rights, we’re here to help. Our solicitors will walk you through it and make sure you’re treated fairly every step of the way.

Get in touch today for clear advice, practical support, and a conversation that puts you first