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Transfer of Undertakings: Automatic Unfair Dismissal

Employee claim for automatic unfair dismissal due to a TUPE transfer

In this episode 244 of the podcast I bring you the details of the enhanced protection from dismissal that applies to certain employees under TUPE when there is a transfer of their employment.

This is episode 3 of a mini series covering the key details you need to know about TUPE.

In this episode of the podcast we cover:

  • The additional protection from unfair dismissal as a result of a transfer.
  • When the automatic unfair dismissal right applies.
  • The required length of service to bring a claim for automatic unfair TUPE dismissal.
  • The defence to a claim for automatic unfair dismissal under TUPE.
  • What economic, technical and organisational reasons have been successful defences.
  • When a dismissal is not linked to the TUPE transfer.

Episode 1 – Introduction to TUPE

Episode 2 – Employee Rights


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Training for your Team

Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.

Please drop me an email alison@realemploymentlawadvice.co.uk

Fixed Price Advice from Real Experts


As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006

We have a variety of free documents and letters which are available to download here: DIY Documents

We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE

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