TUPE (06): protection against dismissal
A practice note that examines the enhanced protection against unfair dismissal afforded to employees under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE). The practice note considers automatically unfair dismissals under TUPE, when the sole or principal reason for the dismissal is the transfer itself. The practice note explores the employer's ability to rely on an economic, technical or organisational (ETO) reason entailing changes in the workforce as a potential defence. Furthermore, this practice note considers situations where an employee's resignation may be treated as a deemed dismissal in terms of either a constructive dismissal claim or a resignation following a substantial change in working conditions to the employee's material detriment. It also explores liability for pre-transfer and post-transfer dismissals, available remedies and compensation, and the limitations on contracting out of TUPE rights.
Already a Practical Law customer? Sign in
Get access to this document with Practical Law
Why Practical Law?
Gain a built-in attorney network
Practical Law’s resources are written and maintained by over 650 dedicated, full-time attorney-editors globally. They’re highly qualified, having practiced at the world’s leading law firms, corporate law departments, and government agencies, so they understand the challenges you face. They dedicate themselves to creating resources to help you navigate the new legal realities, legislative changes, and practice areas impacting your clients or organisation.
See how to leverage the expertise of Practical Law’s attorney-editors to help you practice more efficiently.
Learn more about Practical Law
Expert guidance
650+ full-time, experienced attorney-editors keep you up to date globally
Total resources
118,000+ total resources across 17 practice areas ensure comprehensive coverage
Timely updates
150,000+ hours spent in 2025 maintaining and updating resources