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Unfair Dismissal and TUPE

INDEX

  1.              SPECIAL PROTECTION FROM DISMISSAL
  2.              Which employees are protected
  3.              Meaning of dismissal
  4.              WHEN IS A DISMISSAL AUTOMATICALLY UNFAIR UNDER TUPE?
  5.              Insolvency and dismissals
  6.              Who Is liable FOR THE UNFAIR DISMISSAL?
  7.              Constructive Dismissal
  8.              Remedy

1.     SPECIAL PROTECTION FROM DISMISSAL

TUPE gives employees of both the transferor and the transferee special protection from dismissal where the sole or principal reason for the dismissal is the transfer itself.  Such dismissals will be treated as automatically unfair.  They may, of course, also be unfair under normal unfair dismissal principles. 

To claim automatic or normal unfair dismissal the employee still has to show they have the necessary period of continuous service, which is 2 years for employments commencing on or after 6 April 2012 and one year for employments commencing before then.


Last updated on 12/01/2017 10:52:23 | #TUPE