Do we have to accept a position with the new employer in a transfer of business?

No, but if you refuse to transfer (known in the TUPE regulations as 'objecting to the transfer'), your rights are very limited.

You may be able to negotiate a new contract with your employer before the transfer date that allows you to remain with your employer but in a completely new role, on,  the basis that your new role takes you outside the pool of transferring employees

Otherwise, any employee who is still among the pool of transferring employees on the transfer date, will transfer automatically to the new employer, unless they have objected before the transfer. This is a very complicated area of law. Take advice as soon as possible if you are in this position.

If you object to the transfer before the transfer date, your contract of employment will come to an end and you will be treated as having effectively resigned. You will not be able to claim a redundancy payment.

You may be able to claim unfair dismissal, but only if you can demonstrate that the transfer has resulted or will result in a substantial worsening of your working conditions.

TUPE is very complicated. It is very important that you and your colleagues take advice from your union rep as early as possible. 

Note: This content is provided as general background information and should not be taken as legal advice or financial advice for your particular situation. Make sure to get individual advice on your case from your union, a source on our free help page or an independent financial advisor before taking any action.

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