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When your employment is affected by business transfers, knowing your rights under the Transfer of Undertakings (Protection of Employment) Regulations 2006 – or TUPE – is essential. TUPE rules exist to protect employees when the business they work for changes hands, ensuring continuity and safeguarding against unfair treatment. At Stephensons, our specialist employment lawyers provide tailored, practical TUPE advice for employees, helping you navigate complex legal procedures with confidence and clarity.
As a leading national law firm, we understand the stress and uncertainty that can arise during corporate restructures, takeovers or outsourcing. Whether you're facing a transfer, redundancy, or a change to your working conditions, our goal is to protect your rights and achieve the best possible outcome.
TUPE applies when an organisation or service is transferred from one employer to another. Common TUPE scenarios include mergers, acquisitions, and contracting out services to a third party. These legal regulations are designed to ensure that employees are not left disadvantaged due to a change in their employer.
Under TUPE, your existing terms and conditions of employment must be maintained by the new employer. This includes your length of service, salary, holiday entitlement and other contractual benefits. Importantly, you should not be dismissed solely as a result of the transfer, unless for an economic, technical or organisational reason (ETO) that justifies changes in the workforce.
Employers must also consult with employee representatives before a transfer takes place. If your employer fails to meet their consultation obligations, you may be entitled to compensation, known as a 'protective award'.
At Stephensons, we provide expert TUPE advice for employees who are affected by business transfers. Whether you are being transferred to a new employer or have already gone through a TUPE transfer, our team can assess your situation and advise on your legal rights and options.
Our solicitors can assist you with:
We recognise that every case is different. That's why we offer personalised legal advice, ensuring you make informed decisions at each stage of the process.
Stephensons is a national, full-service law firm with over 450 staff across multiple offices. Our employment law team is ranked in The Legal 500 and Chambers & Partners for delivering robust and pragmatic legal support to individuals. Many of our solicitors are accredited specialists with years of experience in employment law and workplace rights.
Stephensons is accredited by the Law Society for Employment Law and has been recognised for our commitment to quality and legal excellence. We are also Lexcel-accredited – the Law Society's legal practice quality mark for excellence in legal practice management and client care. Our team brings a strong track record of successful outcomes in TUPE-related disputes, and we pride ourselves on accessible, transparent legal support.
Our client-centred approach means we’ll work with you to understand your priorities and provide realistic, cost-effective solutions. No matter how complex or sensitive your case, we’ll advocate on your behalf with integrity and professionalism.
If you believe your employment rights under TUPE may have been violated, our experienced lawyers can guide you through the process. From initial advice through to negotiations, representation and tribunal proceedings, we offer a complete service tailored to your circumstances.
Our approach includes:
We also offer fixed-fee consultations, giving you clarity on the costs involved and allowing you to seek initial advice without commitment. If your matter proceeds, we’ll discuss funding options to ensure our service is accessible and transparent.
TUPE stands for the Transfer of Undertakings (Protection of Employment) Regulations. It protects employees' rights when the business they work for transfers to a new owner.
Redundancies linked solely to the transfer are likely to be automatically unfair. However, if the new employer can demonstrate a valid economic, technical or organisational reason, redundancy may be lawful. Legal advice is recommended to assess your individual case.
You have the right to object to the transfer and resign. However, this may mean you forfeit your rights to redundancy pay or other entitlements, so it's essential to seek legal advice before making a decision.
Yes, under TUPE your existing terms and conditions should be preserved. Any changes made without your consent or proper justification could be unlawful.
If your employer failed to inform or consult staff properly before the transfer, you may be entitled to claim a protective award from an employment tribunal. You should act quickly, as strict time limits apply.
Employment tribunal claims for unfair dismissal or failure to consult under TUPE must usually be brought within three months less one day from the date of the transfer or dismissal. It’s vital to seek legal guidance early to ensure deadlines are not missed and evidence is preserved.
If you are facing a business transfer and are concerned about the impact on your employment, speak to our TUPE specialists today. At Stephensons, we provide clear, confidential advice to help you assert your rights and secure fair treatment at work.
Contact us today by completing our enquiry form to request a callback at a time that suits you. Our team is here to help you understand your options and provide the guidance you need during this uncertain time.
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