Can I opt out of transfer of undertakings (TUPE)?

Last updated: 05 Mar 2020

Employees and employers cannot agree to opt out of the protection that TUPE affords. For example, a clause stating that contracts of employment would not transfer, even though there was a relevant transfer, would be void.

Likewise, a clause stating that the new employer refuses to recognise the employee’s previous continuity of service would also be void.

Contracts of employment pass automatically to the transferee on the date of transfer, even if the employer and employees intend differently. It is not open to the parties to postpone the date on which the contracts transfer.

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