Tupe Regs - who's entitled?

99rb99

How long do I need to be employed for, to be entitled to Tupe Regs when a business is sold, as I've only been here for 3 months.

Comms69

the short answer - two years.

sangie595

Comms69 wrote: »

the short answer - two years.

Short, but wrong. TUPE applies to all employees. In practice you may be correct that certain claims require two years service. But not TUPE claims specifically. To make a claim without the general employment law protection might be challenging, but it isn't impossible, especially not if the claim related to one of the situations that don't require two years.

So, reaching for it, I could construct a case where the new employer refused to accept the TUPE, or dismissed a TUPEd employee with less than two years service based on the fact they are a union rep. That could attract both automatic unfair dismissal and a claim under TUPE because they wouldn't have been in that situation without the TUPE. You always throw in the kitchen sink on a claim, so you'd include both.

getmore4less

What particular protection are you looking for?

Tupe offers very little protection.