Answers · UK 2025/26
What are my rights as an employee in a TUPE transfer?
Under TUPE, your employment automatically transfers to the new employer on your existing terms, with continuous service preserved. You cannot be lawfully dismissed simply because of the transfer, and your contract, pay and most benefits carry over. The new employer can only change terms in limited circumstances, and you must be informed and consulted beforehand.
Full answer
TUPE - the Transfer of Undertakings (Protection of Employment) regulations - protects employees when a business or a service is transferred to a new employer, for example when a company is sold or a contract is outsourced. The central principle is that you move across automatically on your existing contract, and your continuity of service is preserved as if you had always worked for the new employer. That matters for rights that build up over time, such as redundancy entitlement and unfair dismissal protection. Key protections: your terms and conditions (pay, hours, holiday, contractual benefits) transfer largely unchanged; dismissal is automatically unfair if the sole or principal reason is the transfer itself, unless there is a genuine economic, technical or organisational (ETO) reason involving a change in the workforce; and the new employer generally cannot vary your contract to your detriment just because of the transfer, even if you agree. Occupational pension rights are treated differently, with more limited transfer protection, though there is a minimum employer contribution requirement. You also have a right to be informed and consulted. Your employer must tell appropriate representatives about the transfer, its timing, reasons and any measures planned, in good enough time to consult. Failure can lead to compensation of up to a number of weeks' pay per affected employee. If you object to transferring, you can refuse - but doing so usually ends your employment without it counting as a dismissal, so you would normally not receive redundancy pay. If the new employer makes a substantial detrimental change, you may be able to resign and claim constructive dismissal. TUPE does not freeze your job forever: genuine redundancies for ETO reasons can still happen after a transfer, following a fair process. If you are made redundant, statutory redundancy pay is based on age, weekly pay (subject to a cap) and length of service. Check your specific contract and any collective agreement, and take advice from Acas or a solicitor if terms change.
Try the calculator
This answer is informational only and does not constitute financial, tax or legal advice. Figures are for the 2025/26 UK tax year. See our methodology and sources.