Skip to main content

Insight article

June 29, 2020

How TUPE protects when employees transfer

A property management company ran into a brick wall when they tried to boost their benefits package before transferring to a new employer under the TUPE employment protection regulations.

TUPE (The Transfer of Undertakings (Protection of Employment) Regulations 2006) is designed to protect jobs and safeguard contractual terms for employees when a business transfers to new ownership or a contract is placed with a new service provider. While it has been clear that the new employer must not change terms to disadvantage an employee, the Employment Tribunal has ruled that changes made solely for the transfer should not benefit an employee either.

The case involved Lancer Property Asset Management, which provided estate management services to Berkeley Square Estate, who decided to move to a new service provider. As a result, the directors of Lancer were to become employees of the new provider, Astrea Asset Management Ltd, under the TUPE regulations.

In preparing for the transfer, the directors decided to award themselves a salary increase and generous new terms for bonus and termination payments, together with a 24-month notice period. The new employer disputed the terms, sacking two of the directors for gross misconduct and refusing to pay the enhanced benefits to the other directors. The resulting dispute ended up at the Employment Appeal Tribunal (EAT), with the directors arguing that the TUPE regulation regarding pre-transfer variations was for situations where the change was detrimental to the employee.

Employment partner Karen Cole explains:

“TUPE is about ensuring fairness and continuity, so it’s no surprise that anything that makes an employee worse off would not be allowed but being better off hasn’t been tested in this way before.

The EAT said that all contract variations which are connected to a transfer are void, whether they are detrimental to the employee, and the objective of TUPE is to protect, not enhance. The EAT also highlighted that no legitimate commercial purpose could be demonstrated for the changes, meaning they infringed the general abuse principle of EU law and were unenforceable.

Contact Karen Cole today for further advice and information on TUPE, whether you’re an employer or an employee.

Note: This is not legal advice; it provides information of general interest about current legal issues.

Stay in touch

Subscribe to our newsletter

Stay in touch

By completing your details and submitting this form you confirm you are happy for us to send you marketing communications and that you agree to our Website Privacy Policy and Legal Notice and to us using Mailchimp to process your data.


Sending

News/Insight

  • Buying a commercial unit: what you need to know
    Buying a commercial unit can be a valuable step for your business, but it comes with legal, tax, planning and property risks. Brinda Granthrai explains what buyers should consider before committing.


    Read more
  • Pension and inheritance tax changes from April 2027: why now is the time to review your will and estate plan
    From 6 April 2027, most unused pension funds and pension death benefits are expected to be included in a person’s estate for inheritance tax purposes. This article explains what the changes could mean for families, pension nominations, wills, chari


    Read more
  • What happens when company owners disagree? The key to keeping private companies running smoothly
    Director and shareholder disagreements can quickly disrupt a business if they are not addressed early. This article explains what disputes can mean for a private company, how they can be avoided, and how legal advice can help protect stability and su


    Read more
  • SMEs urged to review risks as liability rules expand
    New criminal liability rules taking effect on 29 June 2026 will make it easier to prosecute businesses of any size where senior managers commit offences while acting on the organisation’s behalf.


    Read more
  • AI-written grievances add new pressure for employers
    AI is making it easier for employees to produce detailed, formal-looking grievances that refer to legal concepts and workplace rights. For employers, the key is to look beyond the language, identify the core concern and follow a fair, consistent grie


    Read more

What they say...

  • Client, July 2026
    Pragmatic, but commercially astute support “Genuinely, we valued your pragmatic, but commercially astute support. It has helped us get this tricky deal over the line in a manner that we both feel supports our needs in a balanced way and gives L

  • Chey, July 2026
    Professional and speedy “I’m extremely happy with the service provided by RIAA Barker Gillette. They were very professional, dealt with my matter at speed and were very accommodating with my disability. I wouldn’t hesitate to use th

  • Client, June 2026
    Thank you “I had a call with Pippa that was not only factual and to the point but also reassuring and very helpful. Would highly recommend.”

  • Client, June 2026
    Trusts services “Very helpful service which solved our problem.”

  • Client, June 2026
    Probate Services “We used Patrice Lawrence to deal with our parents’ probate, and she handled the case promptly, professionally and with the respect due for a matter of this nature.”

Read more
Send this to a friend