HomeEmployment LawClaims over breach of TUPE regulations

Redundancy & TUPE

Claims over breach of TUPE regulations

The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) exists to protect your employment rights during business transfers, but even with these protections in place, many employees still find themselves at risk of redundancy or unfair treatment.

Trustpilot

Contact us

Redundancy & TUPE – Are you at risk?

If your company is undergoing a TUPE transfer, it’s normal to feel anxious about the future of your job. Employers are not allowed to make you redundant simply because there has been a business transfer, but redundancies can still happen. When they do, there must be a genuine reason, such as Economic, Technical, or Organisational (ETO) factors.

If you’ve been told your role is at risk of redundancy following a TUPE transfer, it’s essential to know whether your employer is following the law. You may have concerns such as:

  • Were you unfairly selected for redundancy?
  • Has your employer followed the legal consultation process?
  • Are you being offered the correct redundancy pay?

These are all critical questions that can determine whether you’re being treated fairly. Our employment law solicitors can help you assess your situation and challenge any unfair treatment.

Common breaches of TUPE

Employers can breach TUPE regulations in several ways, often leaving employees vulnerable. Some of the most common breaches include:

Unlawful contract changes

Employers may try to change key terms of your contract—like salary, working hours, or location—without proper consent after the business transfer. Such changes must either be agreed upon by the employee or be justified with ETO reasons. If these changes are enforced without valid legal reasons, it constitutes a breach of TUPE protections.

Failure to consult

Employers must legally inform and consult with employees (or their representatives) in advance of a transfer. This means discussing the impact of the transfer on employees and any potential changes to their roles. A failure to engage in this process is a serious breach of TUPE obligations.

Unfair redundancies

TUPE regulations protect employees from being made redundant simply because of the transfer. Any redundancy that takes place post-transfer must be for valid ETO reasons, such as restructuring or operational necessity. If redundancies are carried out without these valid reasons, you may have grounds for a claim.

Each of these breaches can leave employees disadvantaged, whether through loss of employment or an erosion of rights. Knowing your rights under TUPE is critical to challenging these breaches.

Words from our clients

Joy Drummond was an outstanding solicitor. This was my first (and hopefully last) time of going through an employment settlement agreement on the back of a redundancy. Joy ensured she explained every step to me and there were absolutely no surprises. Every question I asked was listened to and answers were explained to me in a calm and respectful manner. I am extremely pleased and extremely thankful.

Our Client

Inbar supported me on my redundancy settlement agreement. I can’t recommend Inbar enough; she was highly supportive and understanding of my situation. Inbar walked me through the process – it was my first time dealing with this – and provided me with comfort, support and a sense of security. I like to add this was turned around in 2 days!
Inbar and her team are a 10/10

Our Client

Aneil Balgobin was courteous and very helpful throughout the process regarding my redundancy settlement agreement. He kept me informed and explained everything very clearly. He was prompt in answering my questions via email, and was proactive in calling me regularly, sometimes during the evening, out of regular business hours. When I contacted him because my previous employer was taking time to respond, he immediately emailed them to chase them up. If required, I would be happy to deal with Aneil and his company again.

Our Client

Inbar Rabinovitz has just finalised my redundancy settlement in a very swift, efficient and reassuring manner. Extremely professional, very pleasant experience.

Hannah O'Neil

Why you need specialist employment law solicitors

Navigating a TUPE transfer or redundancy situation can be complicated, and it’s easy for employees to feel overwhelmed or even misled by their employer. Understanding whether your redundancy is lawful or if your rights are being respected under TUPE can make all the difference in protecting your livelihood.

Here’s why having a specialist solicitor on your side is crucial:

Protect your rights

Many employers may not follow the correct legal procedures when selecting employees for redundancy after a TUPE transfer. We ensure that your rights are fully protected and that you receive what you’re entitled to under the law.

Assessing if a breach occurred

Our experienced employment solicitors will carefully review your situation to determine if your employer has breached TUPE regulations. We’ll assess everything from changes in your contract to whether the proper consultation process was followed.

Challenging unfair dismissals

If your employer has breached TUPE, we’ll act swiftly to challenge their actions. Whether it’s contesting unfair redundancies or unlawful changes to your contract, we will guide you through the process to ensure your rights are upheld.

Securing compensation

Whether it is securing statutory redundancy pay or negotiating a better package, our team will work to ensure you get the best possible outcome.

Legal representation

If necessary, we can represent you in an employment tribunal to seek compensation for any losses you have incurred due to the breach. We’ll handle all aspects of your claim, ensuring your case is put forward strongly and effectively.

Expert guidance through the process

The legal landscape around TUPE and redundancy can be complex. We provide clear, straightforward advice at every step, so you fully understand your options and can make informed decisions.

Contact us

If you suspect a breach of TUPE regulations or are facing unfair treatment following a business transfer, contact Anthony Gold Solicitors today. Call us on 020 7940 4060 or email us at mail@anthonygold.co.uk to discuss how we can help. Let us protect your rights and secure the best possible outcome for you.

Speak to a member of the Employment team

Meet the team

Meet our team of solicitors who are experts in their field.

Head of Department
Aneil Balgobin

Head of Department

Partner
Joy Drummond

Partner

Senior Associate
Inbar Rabinovitz

Senior Associate

Lawyer
Chloe Harris

Lawyer

Trainee
Aryan Gupta

Trainee

Paralegal
Hinna Raja

Paralegal

View all

Redundancy and TUPE Regulation Breach: FAQs

  • Can my employer make me redundant after a TUPE transfer?

  • How do I know if I’ve been selected for redundancy fairly after a TUPE transfer?

  • What if my employer hasn’t consulted me before making me redundant after a TUPE transfer?

  • Why should I let Anthony Gold Solicitors handle my TUPE redundancy case?

  • Can you discuss my TUPE redundancy case outside of normal working hours?

Can my employer make me redundant after a TUPE transfer?

Under TUPE regulations, your employer cannot make you redundant simply because the business has been transferred. However, they may make redundancies if there are valid Economic, Technical, or Organisational (ETO) reasons. If you’ve been made redundant, it’s crucial to verify whether the correct process has been followed.

How do I know if I’ve been selected for redundancy fairly after a TUPE transfer?

Employers must follow fair and objective selection criteria during a redundancy process. This may include factors such as length of service, qualifications, or performance. If you feel you’ve been unfairly selected, we can help you challenge this decision.

What if my employer hasn’t consulted me before making me redundant after a TUPE transfer?

Legally, your employer must consult you before making any redundancies. If they have failed to do this, it could be grounds for a legal challenge. We can investigate whether the consultation process was followed and hold your employer accountable if it wasn’t.

Why should I let Anthony Gold Solicitors handle my TUPE redundancy case?

Get the advantage of 70 years of experience in employment law and redundancy cases resulting from TUPE transfers. Our specialist negotiators and litigators are accredited by the Solicitors Regulation Authority and ranked in the Legal 500 and Chambers and Partners directors. We know employment law inside and out. And we know how to make the process fast, painless and straightforward for you. 

Can you discuss my TUPE redundancy case outside of normal working hours?

Yes. We understand that not all clients are available during standard office hours, particularly those still employed. That’s why we’re flexible with meeting times—whether it’s in the evening, via a remote call, or face-to-face in our conveniently located London Bridge offices. We make it a priority to be responsive and adapt to each client’s needs.

Can my employer make me redundant after a TUPE transfer?

Under TUPE regulations, your employer cannot make you redundant simply because the business has been transferred. However, they may make redundancies if there are valid Economic, Technical, or Organisational (ETO) reasons. If you’ve been made redundant, it’s crucial to verify whether the correct process has been followed.

How do I know if I’ve been selected for redundancy fairly after a TUPE transfer?

Employers must follow fair and objective selection criteria during a redundancy process. This may include factors such as length of service, qualifications, or performance. If you feel you’ve been unfairly selected, we can help you challenge this decision.

What if my employer hasn’t consulted me before making me redundant after a TUPE transfer?

Legally, your employer must consult you before making any redundancies. If they have failed to do this, it could be grounds for a legal challenge. We can investigate whether the consultation process was followed and hold your employer accountable if it wasn’t.

Why should I let Anthony Gold Solicitors handle my TUPE redundancy case?

Get the advantage of 70 years of experience in employment law and redundancy cases resulting from TUPE transfers. Our specialist negotiators and litigators are accredited by the Solicitors Regulation Authority and ranked in the Legal 500 and Chambers and Partners directors. We know employment law inside and out. And we know how to make the process fast, painless and straightforward for you. 

Can you discuss my TUPE redundancy case outside of normal working hours?

Yes. We understand that not all clients are available during standard office hours, particularly those still employed. That’s why we’re flexible with meeting times—whether it’s in the evening, via a remote call, or face-to-face in our conveniently located London Bridge offices. We make it a priority to be responsive and adapt to each client’s needs.

Our latest Employment Law Insights

View All

Related guides

+44 20 7940 4060
About the Firm
Our Policies
Work With Us

Online Payments

© Anthony Gold Solicitors LLP. All rights reserved. Anthony Gold Solicitors LLP is a limited liability partnership registered in England and Wales with registered number OC433560 and is authorised and regulated by the by the Solicitors Regulation Authority with registration Number 810601

  • social-ison
  • social-ison
  • social-ison
  • social-ison