Deal with the situation where the organisation has no need for the employee transferred to it under TUPE

Key points

  • A transferee employer may decide that it has no need for the employees transferred to it under TUPE, for example because it has existing employees performing the same function.
  • The transferee does not have a choice as to whether or not to accept the transferring employees and the TUPE legislation limits the circumstances in which it can dismiss them.
  • A genuine redundancy situation will generally be a lawful reason for dismissal, but the transferee must consider whether or not it is appropriate to include existing employees as well as the transferred employees in the redundancy selection pool.

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