TUPE Law - Employee Refusal

The Transfer of Undertakings (Protection of Employment) Act provides protection for employees when the business they work for undergoes a change of ownership, ensuring that the transition from one employer to the other is conducted fairly. However, some employees may object to the transfer: what are their legal rights under TUPE law in this situation?

Under TUPE regulations, employees are entitled to object to the transfer by notifying either the transferor or the transferee. TUPE further specifies that, should such an objection occur, the effect will be to terminate the employee's contract of employment, but the employee will not be treated as if they have been dismissed. This means that the employment will come to an end, and that the employee will have no rights against the transferor or the transferee. Moreover, as they are deemed to have resigned rather than having been dismissed, they have no entitlement to redundancy pay.