If the work in a new contract isn’t the same as the work done before, is it right that no TUPE transfer can take place? Employment Law for Employers

You mustn’t jump to the conclusion that doing something slightly different will be enough to stop TUPE applying. You need to ask yourself whether the work will be fundamentally different. In reality, it is often very similar.

Fixing cars in one garage to fixing cars in several garages could be argued to be fundamentally the same. However, case law shows that moving from a fully catered kitchen to a sandwich van was not considered fundamentally the same, so TUPE did not apply.

Our Employment Law Specialists

Contact a member of the team for advice.