The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE ) is now the main piece of legislation governing the transfer of an undertaking (or business), or part of one, to another.
Essentially, if the business you work for changes from one owner to another, your terms and conditions are protected. Under TUPE the existing terms and conditions of your contract of employment will transfer automatically to your new employer. This means that you will normally carry on working for the new employer as before.
What is a breach of a TUPE Contract?
If the new employer refuses to meet the terms of your contract, this will amount to a breach of contract.
What if you don’t want to work for the new employer?
You can refuse to work for the new employer. You must let your current or prospective employer know that you object to the transfer. You'll be regarded as having resigned and will have no right to claim unfair dismissal or to a redundancy payment.
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