In Great Britain, TUPE can protect employees when a business or eligible service provision changes hands. Employment generally transfers to the new employer with continuity and existing terms, subject to statutory exceptions. Not every takeover, contract change or worker is covered. Northern Ireland has its own TUPE regulations and guidance.
An economic, technical or organisational (ETO) reason may involve essential cost savings, new technology or a genuine restructuring. For a transfer-related dismissal to avoid automatic unfairness, the sole or principal reason must be an ETO reason entailing changes in the workforce. Acas gives examples of changes in roles, a significant restructure or a change in workplace location. Merely wanting cheaper terms or calling an unchanged role 'restructured' is not enough by itself. Changes to contract terms have separate TUPE restrictions: an ETO label is not a free pass to cut pay.
Before the transfer, neither employer should arrange redundancies because of the transfer just to make the deal easier. Independent redundancies not related to the transfer can be different. After the transfer, a genuine transfer-related redundancy still needs a genuine redundancy situation and a fair process: consultation, fair selection where needed, alternatives and applicable notice and pay. These facts require individual assessment.
Important eligibility point: Acas says an employee generally needs two years' continuous employment to claim automatic unfair dismissal for a TUPE-related dismissal lacking a valid ETO reason; service with the old employer normally counts. This is not the same as some other automatically unfair dismissal protections which do not require two years. Other TUPE consultation claims and deadlines can differ.
Ask which business or service changed hands and for the written reason for any proposed dismissal or change of terms. Compare the pre- and post-transfer work and location, request consultation and check suitable vacancies. Do not sign a settlement agreement waiving claims without independent advice. If considering a Great Britain tribunal claim, check the applicable deadline and contact Acas early conciliation promptly; commonly the limit is three months less one day, but the trigger depends on the claim. See https://myredundancyrights.co.uk/tupe