Q&As

How long does an employee have to bring a claim associated with TUPE, and in the case of dismissal following a relevant transfer, is there a particular timeframe outside which the dismissal will be considered as not being linked to the transfer?

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Published on LexisPSL on 21/05/2020

The following Employment Q&A provides comprehensive and up to date legal information covering:

  • How long does an employee have to bring a claim associated with TUPE, and in the case of dismissal following a relevant transfer, is there a particular timeframe outside which the dismissal will be considered as not being linked to the transfer?

In relation to how long an employee has to bring a claim associated with TUPE, it is not clear from your question to what type of claim referred to in this Q&A.

If the claim concerns a failure to inform and consult, a claim may be brought by an affected employee in relation to such failure, unless the failure relates to employee representatives, in which case the claim will usually have to be brought by the trade union or the elected employee representatives, depending on the circumstances.

In the normal course, the claim must be brought before the end of three months beginning with the date on which the relevant transfer is completed. For further information, see Practice Note: TUPE—information and consultation—Failure to inform and consult.

If the claim concerns a dismissal, the employee will only be able to bring a claim for unfair dismissal if they are eligible to do so, which includes having the requisite two years of continuous employment, (see, Practice Note: Qualifying period fo

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