Law Queries: TUPE

Q. We have been told that our company is going to be taken over by another firm and our employment will transfer under TUPE. I have just discovered that the new firm is one that I have worked for previously and I don't want to work for them again. Do I have to transfer?

A. You are entitled to refuse to transfer under TUPE, but if you do this your employment will end when the transfer goes ahead. As long as your employer has consulted you, your refusal to transfer will not be classed as a dismissal and you will have no grounds for a claim of either redundancy or unfair dismissal.