Where an individual is TUPE transferred does his or her continuous service start from the date of the transfer or from the start of employment with the transferor?
When an employee is transferred to another employer under TUPE, the employee becomes employed by the transferee on the terms and conditions that he or she previously enjoyed with the transferor. The transferee effectively steps into the shoes of the transferor as if the contract of employment had originally been made with the transferee. This means that continuous service runs from the start of employment with the transferor. The transferee is obliged to honour the past continuous service with the transferor.