Question 1

Does my salary change when I transfer under TUPE?

Accepted Answer

No. Your salary, holiday entitlement, hours and most other contractual terms transfer exactly as they are. The new employer cannot reduce them because of the transfer — any such change is legally void, even if you agreed to it.

Question 2

Does my length of service carry over to the new employer?

Accepted Answer

Yes. Your continuous service transfers intact, which protects your redundancy pay, notice entitlement and unfair dismissal rights.

Question 3

Can the new employer change my contract after the transfer?

Accepted Answer

Not because of the transfer — such changes are void. Changes can be lawful if there is an economic, technical or organisational reason involving workforce changes, or if unrelated to the transfer and agreed.

Question 4

What happens to my pension under TUPE?

Accepted Answer

Occupational pension rights relating to old age generally do not transfer, but the new employer must provide a minimum level of pension provision. Pension you have already built up stays yours.

Question 5

Does TUPE apply if only the company's shares are sold?

Accepted Answer

Usually not. In a share sale your employer remains the same legal company, so TUPE isn't triggered — your contract simply continues unchanged.

Question 6

Does TUPE apply to small businesses?

Accepted Answer

Yes, regardless of size. Only the consultation mechanics relax slightly for employers with fewer than 50 staff, who may consult employees directly.

Question 7

Can I be made redundant just after a TUPE transfer?

Accepted Answer

Only for a genuine economic, technical or organisational reason that changes the workforce. If the real reason is the transfer itself, the dismissal is automatically unfair with 2+ years' service.

Question 8

How much notice must I get of a TUPE transfer?

Accepted Answer

There is no fixed minimum, but employers must inform and consult long enough before the transfer for meaningful consultation, and employee liability information must pass to the new employer at least 28 days before.

Question 9

Does TUPE still apply if my employer goes bust?

Accepted Answer

It depends on the insolvency type. In going-concern administrations TUPE usually still applies with some flexibility; in liquidations employees generally do not transfer.

Question 10

Do agency workers and contractors transfer under TUPE?

Accepted Answer

Employees and workers assigned to the transferring business are protected. Genuinely self-employed contractors and agency staff employed by the agency generally do not transfer.

TUPE FAQs — Your Questions Answered