FAQs

Potential remedies for our members who are affected by a TUPE transfer include the following:

(i) For members dismissed in connection with a transfer, a complaint of unfair dismissal. The correct respondent will usually be the new employer, even if the member was dismissed before the transfer. But if there is any doubt as to whether TUPE applied, it will be wise to bring claims against both employers;

(ii) For members who have been made redundant, a claim for redundancy pays;

(iii) Where our members' terms and conditions are changed unilaterally (without their being dismissed), potential options are:

a) A claim in the employment tribunal for unlawful deduction of wages;

b) An application to the employment tribunal under section 11 of the ERA asking the tribunal to determine what particulars should be included in the statement of terms and conditions which the employer is required to provide under section 1 of the ERA;

c) A claim for breach of contract in the ordinary courts;

These remedies may also be available if our members accept new contracts in circumstances where it can be shown that the reason for the introduction of the new terms was connected with a TUPE transfer. If the members' employment has terminated, it would be possible to bring a contract claim in the tribunal:

(iv) If the employer fails to consult, a complaint to the employment tribunal.