Employment law

Transfer of undertakings (TUPE).

When the business you work for is sold or a service changes hands, your rights should move with you. We explain where you stand and act if they are not respected.

Call 01582 853 783 Request a callback
  • Highly CommendedLaw Society Excellence Awards 2021
  • Legal 500 Leading FirmPreviously recognised
  • 160+Client reviews

Your rights when your job transfers

The Transfer of Undertakings (Protection of Employment) Regulations 2006, known as TUPE, protect employees when the business or part of the business they work in is transferred to a new owner. TUPE can also apply when a service is outsourced, brought back in house or moved to a new contractor.

If TUPE applies, your employment usually transfers automatically to the new employer on the same terms and conditions, with your continuity of service preserved. The new employer takes on most of the rights and responsibilities that come with your employment, including liabilities arising before the transfer. That means a claim you had against your old employer can often be brought against the new one.

Your employer must inform, and in some cases consult with, representatives of affected employees about the transfer. If you are dismissed because of the transfer, the dismissal is automatically unfair unless there is an economic, technical or organisational reason entailing changes in the workforce. Changes to your terms because of the transfer may also be void.

TUPE is one of the more technical areas of employment law, and the facts of each transfer matter. Whether you work for the outgoing or incoming employer, we review the transfer, your contract and what is being proposed. We then advise you on your rights, the options open to you and the practical steps that will protect them.

What we do for you

  • Applies to business sales and service provision changes
  • Your terms and service usually transfer with you
  • Employers must inform and consult representatives
  • Dismissal because of the transfer may be automatically unfair
  • Changes to terms because of the transfer may be void

What we can help with

We advise employees before, during and after a TUPE transfer.

  1. Does TUPE apply?

    Whether your situation is a relevant transfer and whether you are assigned to it.

  2. Changes to your terms

    Challenging changes to pay, hours or benefits linked to the transfer.

  3. Dismissal and redundancy

    Dismissals connected with the transfer, before or after it takes place.

  4. Information and consultation

    Where your employer has failed to inform or consult as required.

  5. Objecting to the transfer

    What happens if you do not want to move to the new employer.

  6. Settlement agreements

    Advice on exit terms offered around the time of a transfer.

How we help

Transfers move quickly. We help you understand your position before decisions are made.

  1. Free initial call

    Tell us about the transfer and what you have been told so far.

  2. Review the transfer

    We look at the documents, your contract and the proposed changes, and confirm whether TUPE applies.

  3. Advise and act

    We advise you on your rights and raise concerns with the old or new employer on your behalf.

  4. Resolve or claim

    We negotiate a resolution where we can, and take you through ACAS early conciliation and the tribunal where we cannot.

Attiq Malik

Key contact

Attiq Malik

Director and solicitor-advocate

Attiq has represented employees, including members of the RMT, T&G and CWU, as well as small and large businesses. He negotiates settlements and represents clients in tribunals. He has appeared in the Employment Appeal Tribunal, where he successfully argued a complex legal point that clarified the time claimants have to bring Employment Tribunal claims following ACAS conciliation. He regularly advises on settlement agreements and ACAS early conciliation.

Call 01582 853 783 Request a callback

What our clients say

Real feedback from the people we have represented, published on ReviewSolicitors and Google.

Craig Woods
Craig Woods
★★★★★
Contacted liberty law and from start to finish very happy with the whole process very helpful polite and easy to deal with they real do now there stuff
Karen
Karen
★★★★★
I could not recommend this firm enough. They manage to maintain complete professionalism whilst also being personable. Rasheda and Dean clearly explained every step of the process from beginning to end, with Dean taking the time to explain all of legal jargon. I really appreciated this as it made, what started as a daunting experience, so much easier to complete. I am so glad that I took the time to look around and read reviews before choosing any local firm. It really made a difference. Thank you Liberty Law.
Muhammad Khan
Muhammad Khan
★★★★★
Liberty Law took over my case at its hardest point. Dean Garrett was calm, straight-talking and on top of every detail from the first call: he strengthened my case, instructed an outstanding barrister, and his judgement was right at every turn. Rasheda kept everything running smoothly behind the scenes — calls arranged, documents where they needed to be, nothing ever too much trouble. My case concluded on day two of the final hearing, with an outcome I was very pleased with. They believed in my case when it mattered, and they delivered. Highly recommended.
Chapo
Chapo
★★★★★
I had an excellent experience. They were professional, knowledgeable, and always kept me informed throughout the process. They took the time to answer my questions, provided clear advice, and worked hard to achieve a great outcome. I highly recommend their services to anyone looking for reliable and dedicated legal representation. If you are looking for professionalism and results you have come to the right place!!
Tinksy 37
Tinksy 37
★★★★★
Cannot thank the guys enough my solicitor went absolutely above and beyond
Abdul Basit
Abdul Basit
★★★★★
I contacted Liberty Law Solicitors regarding one of my legal cases. Throughout the past year, Mr. Faris Nazar handled my case with exceptional dedication, honesty, sincerity, and professionalism. Thanks to his hard work and expertise, I was ultimately successful in my case. I can confidently say that this firm is highly professional and genuinely committed to serving its clients. They have earned my trust, and I would highly recommend their services.👏
Mohammed
Mohammed
★★★★★
Where do I even start from the start to the very end they delivered I can’t thank the team and Itsam Malik enough for the results we was looking at 16-20 years and they got it down to 3 years which turned into 10 months the whole team and Itsam malik are great people!
M. T
M. T
★★★★★
I cannot thank Liberty Law Solicitors enough for the support and representation I received during a very difficult and stressful time. My solicitor Dean Garrett was honest, clear, and professional from the outset, explaining my situation and the possible outcomes without giving false reassurance. I really appreciated that level of transparency. The preparation for the hearing was thorough and made a real difference. I felt well guided throughout the process and was able to stay calm and focused because of the support I received. I am very grateful for the work carried out on my case and would highly recommend Liberty Law Solicitors to anyone in need of strong, honest, and professional legal representation.
Kamal Hussain
Kamal Hussain
★★★★★
I recently sought advice and support from Atiq at Liberty Law Solicitors regarding an employment matter. I’m genuinely grateful for the way Atiq handled everything. He made the whole process feel manageable, took the time to explain things clearly, and provided steady reassurance throughout. Knowing I had someone knowledgeable and dependable guiding me made a big difference. It’s incredibly reassuring to have Atiq and the team at Liberty Law in your corner. I can’t recommend them highly enough.
View more reviews

Questions people ask

General information, not advice on your case. For that, speak to us — the first conversation costs nothing.

Will my terms and conditions change after a TUPE transfer?

Your contract normally transfers on the same terms. Changes made because of the transfer are generally void unless there is an economic, technical or organisational reason entailing changes in the workforce, or the contract allows them. Some pension rights are treated differently.

Can I be dismissed because of a TUPE transfer?

A dismissal where the sole or main reason is the transfer is automatically unfair, unless it is for an economic, technical or organisational reason entailing changes in the workforce. Even then, the dismissal must be fair. Get advice as soon as dismissal is mentioned.

Can I refuse to transfer?

You can object to the transfer, but if you do, your employment will usually end on the transfer date without you being treated as dismissed. That can mean losing rights you would otherwise have. Speak to us before you object.

Does my employer have to tell me about the transfer?

Yes. Your employer must inform, and where measures are proposed, consult with representatives of affected employees in good time before the transfer. A failure to do this can lead to a tribunal claim.

Nothing on this page is legal advice, and no solicitor–client relationship is created by reading it. Every case turns on its own facts.

Tell us what has happened.

The first conversation costs nothing and commits you to nothing. Two offices, one emergency line, and a solicitor at the end of it.

Luton office

01582 853 783
43 Windmill Road
Luton LU1 3XL

9am to 5.30pm, Monday to Friday

London office

0208 528 1019
107–111 Fleet Street
London EC4A 2AB

9am to 5.30pm, Monday to Friday

Request a confidential callback

Sent straight to a solicitor. We reply within two working hours, and immediately outside them if the matter is urgent.

"*" indicates required fields

This field is for validation purposes and should be left unchanged.

Anything you write here is confidential and covered by legal privilege. We use your details only to answer your enquiry — see our privacy policy.

Say nothing until we are sitting beside you. Before you answer anything, call us. You should not face that interview alone. Do not go in there without a solicitor. Two in the morning is when we work hardest. You reach a solicitor, not a call centre.

The first conversation is free, confidential, and privileged from the first word. We attend police stations across England and Wales, day and night.

24-hour line 01582 853 783