Q&As

How long does an employee have to bring a claim associated with TUPE? In the case of dismissal following a relevant 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? In the case of dismissal following a relevant transfer?

How long does an employee have to bring a claim associated with TUPE? In the case of dismissal following a relevant transfer?

In relation to the first part of the question, it is not clear what kind of claim is envisaged.

If the claim concerns a failure to inform and consult under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006), 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

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