TUPE Transfer

My employment is being TUPE'd over shortly.   The new company advised the role is not directly equivalent and have confirmed I will transfer over and I can then apply for one of 2 roles.  They have not mentioned any risk of a redundancy but have not confirmed if one of the 2 roles is guaranteed and or what changes if any that will entail.  At the moment it appears the job title will change.  If there is a risk of me losing my job i.e. I am not successful shouldnt they make that clear within the consultation?  (I have asked for clarification)  If I don't succeed in the application am I entitled to a redundancy payment?


  • YBRYBR Forumite
    408 Posts
    Fifth Anniversary 100 Posts Mortgage-free Glee! Name Dropper
    Tupe protection means you transfer over on the same Terms and Conditions, but as soon as that transfer is complete, the new employer can do as they wish.

    If it does turn into a redundancy situation, then your length of service should be maintained, for calculating redundancy pay and so on. I've found this is one to watch - Having been tupe'd twice, the third employer wanted to calculate my length of service from the first Tupe, not my actual start date. 

    Obviously you will need the information on the two new roles, what that might mean for a new contract and so on. You need to ask how many people are affected, and how many of these new roles there are, also what happens if you choose not to apply for either role should neither suit you
  • GengisGengis Forumite
    19 Posts
    Third Anniversary 10 Posts
    Yes I have asked if this is a redundancy situation or just a change in job titles and whether the roles are limited. If I don't apply I will have to accept redundancy.  
  • edited 24 May 2022 at 5:19PM
    ThrugelmirThrugelmir Forumite
    89.5K Posts
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 24 May 2022 at 5:19PM
    Restructuring is common when companies merge or there's a takeover. The aim unfortunately is to reduce head count. Remove duplicated roles etc. They'll be no consultation until you are officially employed by the new entity.  
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