Can we start the redundancy process once staff have transferred via TUPE? Employment Law for Employers

Once the staff have transferred over they are your employees and part of the wider team.

If the company then decides to make redundancies – all staff affected should be put through the redundancy process. This means you cannot single out the transferred staff who do the same role as your original staff. If you did this they would be redundant ‘because of’ the transfer and this would not be fair selection.

It is possible to consult prior to transfer and process redundancies at the point of transfer. This deals with areas where a company may feel they will end up with too many cleaners for example. This process is known as pre-transfer consultation and it means they are redundant on the day of transfer.

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