Labour Research December 2003

Law Queries

TUPE and length of service

We work for a building contractor. We have been TUPE transferred twice and have been with the latest employer for just over six months. Do we have all of our previous service taken into account or only the service with the most recent employer before the last TUPE transfer?

The Transfer of Undertakings (Protection of Employment) Regulations 1981 do not impose a time limit. This means that your rights with your first employer transferred to the second and these, along with any new terms and conditions you have accepted since then, have all transferred to the new employer.

* More information: LRD booklet, The Law at Work 2003