TUPE—protection against dismissal
TUPE—protection against dismissal

The following Employment practice note provides comprehensive and up to date legal information covering:

  • TUPE—protection against dismissal
  • Enhanced protection against dismissal
  • Remedies
  • Which employees enjoy the enhanced protection
  • Dismissal by reason of the transfer
  • Interaction between regulations 7(1) and 7(3) of TUPE 2006
  • Dismissal for an ETO reason
  • ETO reasons
  • Pre-transfer dismissal at transferee’s request
  • Dismissals by administrators
  • More...

The Transfer of Undertakings (Protection of Employment) Regulations 2006, SI 2006/246 (TUPE 2006) provides additional protection to the employee where a dismissal occurs in a transfer situation.

See Practice Note: TUPE—the pre-January 2014 position [Archived]—Protection against dismissal for information on the position for cases where:

  1. the TUPE transfer took place before 31 January 2014, or

  2. the date when any notice of termination was given by an employer or an employee in respect of any dismissal was before 31 January 2014 or, in a case where no notice was given, the date on which termination took effect was before 31 January 2014

EU-derived laws, such as much of TUPE 2006, that have been made to implement UK obligations under EU law (such as the obligation to implement Directive 2001/23/EC, the Acquired Rights Directive (ARD)), applicable in the UK at the end of the Brexit transition period/IP completion day are preserved in the UK’s domestic legal framework as retained EU law. For further information, see Practice Note: Brexit and IP completion day—implications for employment lawyers—Retained EU law.

Enhanced protection against dismissal

An individual will only be covered by this additional protection if he is able to bring an unfair dismissal claim, ie only if he is an employee (see Practice Note: Employee status) and has the requisite two years of continuous employment. For further information, see Practice Note: Entitlement to

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