Objecting to TUPE Transfer: Your Right to Refuse

While TUPE transfer is usually automatic, employees have the right to object. Understanding the consequences is crucial before exercising this right.

Right to Object

Statutory Right

Under Regulation 4(7) TUPE:

• Employee may object to becoming employed by new employer
• Must object before or on transfer
• Employment then ends on transfer date

Cannot Be Forced

Nobody can compel you to:

• Work for employer you haven't chosen
• Transfer against your will
• Accept new employer

But consequences are significant.

Consequences of Objecting

Employment Terminates

On transfer date:

• Employment ends
• Not employed by old employer (relationship already ended)
• Not employed by new employer (you've objected)
• Clean break

Not a Dismissal

Objection means:

• Not treated as dismissal by old employer
• Not treated as dismissal by new employer
• No unfair dismissal claim (for transfer itself)
• No redundancy pay entitlement
• No notice period required

Lose Continuity

If you object:

• Continuous employment breaks
• Start date with any new employer will be fresh
• Lose accrued service for statutory rights
• Redundancy calculations restart
• Unfair dismissal clock restarts

When You Might Object

Valid Reasons to Consider

Reason	Consider Objecting?
New employer has terrible reputation	Possibly
Ethical objections to new employer's business	Possibly
New employer is competitor of family business	Possibly
Guaranteed alternative job lined up	Possibly
Cannot work for new employer personally	Possibly

Poor Reasons

Don't object just because:

• Don't like change
• Uncertain about future
• Prefer old employer
• Minor concerns
• No alternative employment

Financial Considerations

Before objecting, consider:

• Will lose job immediately
• No redundancy pay
• No notice pay
• No unemployment gap
• Need alternative income

Timing of Objection

Before or On Transfer

Must object:

• Before transfer date, OR
• On transfer date itself

Not After

Cannot object after:

• Once transferred
• After working for new employer
• Even briefly
• Lost right to object

How to Object

Best practice:

1. Put objection in writing
2. To both old and new employer
3. Before transfer date
4. Be clear and unambiguous
5. State you're objecting under TUPE
6. Keep copy

Example

"I am writing to formally object to the transfer of my employment to [New Employer] under TUPE. I do not consent to becoming employed by [New Employer] and wish my employment to end on the transfer date."

Constructive Dismissal Alternative

Substantial Detrimental Change

If transfer involves substantial change:

• Significant worsening of terms
• Material detriment to you
• Fundamental breach of contract
• Identity of employer alone not usually enough

You may:

• Resign
• Claim constructive dismissal
• Argue change makes position untenable

Difference from Objecting

Objecting	Constructive Dismissal
Simple refusal to transfer	Resignation due to breach
Employment just ends	Claim dismissal
No compensation	Can claim compensation
No tribunal claim	Tribunal claim possible
No service needed	Usually need 2 years

Which Route?

If substantial detrimental change:

• Consider constructive dismissal instead of objecting
• Preserves claim rights
• Can seek compensation
• But must be able to prove breach

Seek legal advice before deciding.

What Employers Cannot Do

Cannot Penalize Objection

Old employer cannot:

• Dismiss you for considering objection
• Treat you detrimentally
• Pressure you not to object
• Threaten consequences

Cannot Prevent Objection

No one can stop you objecting:

• It's your right
• Cannot be contracted out
• Cannot be overridden
• Must be respected

Partial Objection

Cannot Pick and Choose

You cannot:

• Transfer some terms but not others
• Accept new employer but old terms
• Negotiate different deal
• Cherry-pick favorable elements

All or Nothing

Objection is:

• Complete refusal to transfer
• Not negotiation tool
• Cannot object to some aspects
• Binary choice

After Objecting

No Ongoing Employment

Once objected:

• No employer from transfer date
• Not entitled to work notice
• Not entitled to notice pay (unless separately owed)
• No ongoing obligations
• Clean break

No Claims for Transfer

Cannot claim:

• Unfair dismissal for the transfer
• Redundancy pay for the transfer
• Compensation for the transfer

Other Claims Preserved

Can still claim:

• Discrimination (if applicable)
• Unpaid wages from before
• Holiday pay accrued
• Breach of contract predating transfer
• Claims unrelated to transfer

If You've Been Dismissed Before Transfer

Different Situation

If dismissed before objecting:

• Dismissal claim available
• Not objection situation
• Can challenge dismissal
• Separate issues

Both Possible

Could have:

• Been dismissed (challengeable)
• Then objected as well
• Two separate issues
• Dismissed claim takes priority

Practical Scenarios

Scenario 1: Object Without Alternative

Object because don't like new employer, no other job.

Result:

• Employment ends
• No income
• No redundancy pay
• Very difficult position
• Should not object in this case

Scenario 2: New Job Lined Up

New employer starting competitor business, you have offer from different company starting next week.

Result:

• Object to transfer
• Start new job
• Clean break
• Reasonable to object

Scenario 3: Substantial Change to Terms

New employer changing location from London to Edinburgh, you cannot relocate.

Result:

• Don't just object
• Consider constructive dismissal instead
• Substantial detriment
• Could claim compensation
• Get advice first

Employer Response

Must Respect Objection

If you object, employer must:

• Accept the objection
• Not try to force transfer
• Confirm employment ending
• Final pay and holiday pay
• Return of property

Cannot Change Mind

Once objected:

• Decision is final
• Cannot reverse
• Cannot decide to transfer after all
• Must honor objection

Key Differences Summary

Factor	Objecting	Constructive Dismissal
Reason	Don't want to transfer	Substantial detrimental change
Process	Simply object	Resign and claim
Outcome	Employment ends	Claim compensation
Payment	None	Potentially compensation
Continuity	Lost	Preserved if successful
Service needed	None	Usually 2 years

Summary

Right to Object

• You can refuse to transfer
• Statutory right
• Cannot be prevented
• But significant consequences

Consequences

• Employment terminates
• No redundancy pay
• Cannot claim unfair dismissal for transfer
• Lose continuity
• No notice period

When to Object

Consider if:

• Strong ethical or personal objections
• Alternative employment secured
• Cannot work for new employer
• After taking advice

Don't object if:

• Just uncertain
• No alternative plans
• Minor concerns
• Need the income

Alternative Route

If substantial detrimental change:

• Consider constructive dismissal instead
• Preserves claim rights
• Can seek compensation
• But must prove breach
• Get advice first

Process

1. Decide before transfer
2. Put objection in writing
3. To both employers
4. Be clear and definite
5. Understand consequences
6. Have plan for after

Objecting is a significant decision with permanent consequences. Only do so if you have strong reasons and clear plans for alternative employment. Otherwise, transfer and assess the situation after, or consider constructive dismissal if substantial detrimental change.