TUPE Solicitors for Employees
Specialist TUPE solicitors in London and the South East – supporting employees and senior executives through business transfers and reorganisations.
When your company changes hands, it can feel like your future is out of your control. You may be left wondering what happens to your contract, your job security or your future in the business. For many employees, it’s a time of uncertainty, stress and unanswered questions.
That’s where we help.
At Thomas Mansfield Solicitors, our TUPE solicitors provide clear, practical legal advice to help you understand your rights, make confident decisions and protect your position during a business transfer. We’re trusted experts in employment law, ranked in The Legal 500 and accredited by Lexcel.
TUPE (the Transfer of Undertakings (Protection of Employment) Regulations) is the law that protects employees when the business they work for transfers to a new owner.
This could be through:
If TUPE applies, your employment contract and most of your rights transfer with you to the new employer. You shouldn’t be dismissed just because of the transfer, and your terms and conditions should remain broadly the same.
Call our employment law team on 0204 571 1443 or
You shouldn’t have to sacrifice fairness or stability just because your employer is restructuring. Understanding your TUPE rights can help you respond confidently to the changes.
Our TUPE solicitors can advise you on:
If you’re in a senior role, the legal and strategic implications of a TUPE transfer can be complex. For senior employees, a TUPE situation often comes with wider commercial and reputational considerations. If you hold shares, confidential information or restrictive covenants, you need advice that goes beyond basic employment rights.
We support senior executives with strategic TUPE advice that considers:
Call our employment law team on 020 4579 5997 or
If you’ve been told your employment is transferring, early legal advice can make all the difference.
Does TUPE apply to me if my job is outsourced?
Yes, TUPE can apply when your role is outsourced. In cases where your job is transferred to a new employer due to outsourcing or service provision changes, TUPE ensures your employment rights are protected. Your current employer must inform you about the changes, and your terms and conditions should stay the same. The new employer takes over your contract and responsibilities. If you’re concerned about your rights or unsure about whether TUPE applies, it’s crucial to seek legal advice from a TUPE solicitor to clarify your position and ensure your protections are upheld.
Can senior executives be affected by TUPE?
Yes, senior executives can also be impacted by TUPE. If your role or employment contract is affected by a transfer, you are entitled to the same protections as other employees. However, as a senior executive, your contractual terms might be more complex, including issues related to bonuses, severance packages, share schemes, or restrictive covenants. It’s essential to seek legal advice from a specialist TUPE solicitor to protect your interests, especially if your role involves sensitive information or strategic business decisions. A tailored approach ensures your rights and professional reputation are safeguarded during a TUPE transfer.
Can my employer change my terms and conditions after a TUPE transfer?
After a TUPE transfer, your terms and conditions should remain the same. This includes your salary, benefits, holiday entitlement and other contractual rights. However, changes can only be made in certain circumstances, such as for business reasons unrelated to the transfer itself. If the new employer alters your terms to your disadvantage, this could be seen as a breach of your rights under TUPE. Such changes may give rise to a claim for constructive dismissal if they make your role untenable. If you believe your terms are being unfairly changed after the transfer, our TUPE solicitors can offer the essential guidance required.
Can I be dismissed because of a TUPE transfer?
Under TUPE, employees are generally protected from dismissal due to the transfer itself. If your employment is terminated as part of the transfer, it could be an unfair dismissal unless there’s another legitimate reason unrelated to the transfer. Dismissals for reasons such as business needs or redundancy may be valid, but the key is whether the dismissal is directly linked to the transfer. If you believe your dismissal is unjust, you may have grounds for a claim. It’s important to get legal advice from a TUPE solicitor to understand your rights and options.
What if my new employer doesn’t honour my existing contract?
If your new employer fails to uphold your contractual terms - such as pay, hours, location or benefits - this could be a breach of TUPE regulations. In some cases, you may have grounds for constructive dismissal or a breach of contract claim. Your TUPE solicitor will help you assess whether the new employer’s actions are lawful and guide you on how to respond, including whether to raise a grievance, negotiate new terms, or take legal action.
What happens if I don’t want to transfer under TUPE?
If you choose not to transfer under TUPE, you could resign, but it’s important to understand that doing so may constitute constructive dismissal if the changes make your job untenable. If you choose to leave, you may also be entitled to claim compensation. However, TUPE protects employees from being forced to accept the transfer, and it ensures your rights are protected. Before deciding, you should seek legal advice to understand the implications of not transferring, particularly if you’re concerned about your contract or redundancy.
What are my consultation rights during a TUPE transfer?
Your employer is legally required to inform and consult you about a TUPE transfer. This includes providing information about the transfer process, the new employer, and how it will affect your job and terms. Consultation should occur before the transfer takes place, and your employer must give you the opportunity to raise any questions or concerns. If there are proposed changes to your role or redundancy, consultation is even more critical. Failure to consult properly could lead to a claim, so it’s important to understand your rights during this process.
How soon should I get legal advice about a TUPE transfer?
As soon as you’re made aware of a potential transfer - or even if you’re hearing rumours - it’s wise to seek advice. TUPE situations can move quickly, and early legal guidance can help you protect your rights, avoid missteps, and stay prepared for any changes. Whether you're worried about redundancy, contract changes or simply want clarity, our tupe solicitors will give you straight answers and strong support from day one.
Contacting the right person couldn’t be easier. Use our form or call us to speak to an experienced employment solicitor in confidence.
Please note we do not offer legal aid or no win no fee agreements.