Handle an employee's refusal to transfer under TUPE

Key points

  • Where there is a TUPE transfer, employees who do not wish to transfer to the new employer are entitled to refuse to do so.
  • Where an employee refuses to transfer, his or her employment with the transferor comes to an end. Generally, the employee is not treated as having been dismissed but there are certain circumstances in which he or she can claim unfair dismissal.
  • Although there is no specified manner in which an employee must refuse to transfer, it is sensible for the transferor to obtain the employee's refusal in writing.

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