Introduction to Job Transfers in the UK
When your job is transferred to a new employer in the UK, it usually means that the business you work for has been sold, merged, outsourced, or restructured. In these situations, your employment may move from your current employer to another company. This process is often governed by the Transfer of Undertakings (Protection of Employment) Regulations, commonly known as TUPE. TUPE is designed to protect your existing employment terms – such as your contract, pay, and benefits – so you are not treated unfairly simply because your job is now with a different employer.
Job transfers can happen in a range of scenarios. For example, if your company is bought by another business, if services you provide are outsourced to a new provider, or if there is a major restructuring that affects who manages your role, your employment may be transferred. No matter the reason, you have legal rights that are meant to safeguard your position and ensure you are kept informed throughout the process.
Understanding your rights during a job transfer is important. It helps you know what to expect and gives you confidence to ask questions or raise concerns if needed. For a wider understanding of your Employee Rights, including how they apply during workplace changes, you can explore our broader legal overview. You may also wish to learn about similar topics such as workplace pensions, which can also be affected by changes to your employment.
Understanding TUPE Protection of Employment
When your job is transferred to a new employer, the Transfer of Undertakings (Protection of Employment) Regulations – commonly known as TUPE – are designed to protect your rights at work. TUPE ensures that when a business, or part of it, changes hands, your employment contract, pay, and most benefits are preserved. This means that your terms and conditions should remain the same, and your continuity of service is protected.
TUPE typically applies when a business is sold, merged, or outsourced, but there are situations where it may not cover certain transfers. Understanding exactly when TUPE applies and how it safeguards your employment is crucial during any workplace change.
For a detailed explanation of how TUPE works, when it applies, and what specific protections you have, see our dedicated page on TUPE Protection of Employment.
If you’re interested in how other employment laws might affect your situation, you can also learn about related laws.
What Happens to Your Employment Contract?
When your job is transferred to a new employer, your existing employment contract is protected under the Transfer of Undertakings (Protection of Employment) Regulations, commonly known as TUPE. This means that all your current terms and conditions – such as your pay, holiday entitlement, and working hours – are automatically carried over to the new employer. The new employer cannot change these terms just because of the transfer, unless there is a valid economic, technical, or organisational (ETO) reason that requires changes. Any proposed changes must be discussed with you and, if appropriate, your representatives.
If you do not have a copy of your employment contract, it’s important to request one so you can clearly understand your rights and what should remain the same after the transfer. For step-by-step guidance, see UK Workers: How to Request Your Employment Contract.
If the new employer suggests changes to your contract, make sure you fully understand what is being proposed and why. You have the right to ask questions and seek advice before agreeing to any changes. Remember, your core rights are protected by law during this process.
To broaden your understanding of how employment law protects you in different situations, you may also want to learn about related laws that could affect your workplace rights.
Pay, Benefits, and Other Employment Terms
When your job is transferred to a new employer under the Transfer of Undertakings (Protection of Employment) Regulations, known as TUPE, your pay, benefits, and other terms of employment are legally protected. This means your new employer must continue to provide the same salary, holiday entitlement, bonuses, and other contractual benefits you had before the transfer. They cannot reduce your pay or worsen your working conditions simply because of the transfer.
Most employee benefits, including your pension rights, will move with you to the new employer. However, there are special rules around workplace pensions. For more on how your pension is affected, you can Learn about similar laws that cover pension rights in transfers.
To make sure your benefits continue, carefully review your new contract and compare it with your previous terms. If you notice any changes or have concerns, raise them promptly with your new employer or your union representative.
For more detailed information on which Employee Benefits are protected and how they transfer, see our dedicated section.
The Transfer Process: What to Expect
When your job is transferred to a new employer, a legal process known as a TUPE transfer (Transfer of Undertakings [Protection of Employment] Regulations 2006) usually applies. This means your employment rights are protected, but it’s important to understand what happens during the transfer process.
Your current employer must inform you about the transfer well in advance. They are required to provide key details, such as when the transfer will take place, the reasons for the transfer, and how it may affect you. This information should be shared with you and any employee representatives (such as trade union officials or elected representatives) in good time before the transfer happens.
You also have the right to be consulted about the transfer, especially if there are any proposed changes to your working conditions. If you have questions or concerns, you can raise them with your employer or your representative. Your employer should listen to your views and respond appropriately.
It’s normal for there to be changes in management or workplace policies after a transfer. However, your core terms and conditions of employment – such as pay, holiday entitlement, and length of service – should remain the same under TUPE. If you want to know how specific company policies or procedures might be affected, you can check the Employer Specific Guidance.
If you’re interested in how your workplace pension or other rights may be impacted, you may also find answers in our Related legal advice topics.
Your Rights During and After the Transfer
When your job is transferred to a new employer under UK law – usually through a process called TUPE (Transfer of Undertakings (Protection of Employment) Regulations) – your core employment rights are protected. This means your contract, pay, and most working conditions should continue as before.
Protection against unfair dismissal:
You cannot be dismissed simply because your job is transferring to a new employer. Such a dismissal is usually considered automatically unfair unless there is a genuine economic, technical, or organisational reason that requires changes in the workforce. If you believe you have been dismissed unfairly, you may have grounds to challenge the decision.
Your rights to leave, pay, and rest breaks:
Your entitlement to Leave Rights, including holiday and other statutory leave, continues under the new employer. The same applies to your Payment Rights, such as your agreed salary and benefits, and your right to Rest Breaks during the working day. These protections are set out in the Employment Rights Act 1996 and the Working Time Regulations 1998.
Workplace safety and privacy:
Your right to a safe working environment does not change when your employment transfers. The new employer must meet all legal requirements for Workplace Safety, including health and safety training, equipment, and risk assessments. Your Employee Privacy and Data Protection rights also remain in place, ensuring your personal information is handled correctly.
If you experience problems or unfair treatment:
If you feel your rights are not being respected during or after the transfer – such as changes to your contract without agreement, unfair dismissal, or unsafe working conditions – you should raise your concerns with your employer. If the issue is not resolved, you may want to seek advice or consider taking further action.
For more details on your rights and options, you can also explore related legal topics that may apply to your situation.
If You Are Unhappy with the Transfer
If you are unhappy with your job being transferred to a new employer, you do have options. Under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE), your employment terms are usually protected, but you are not required to accept the transfer if you do not wish to.
If you decide not to work for the new employer, you can choose to resign. It is important to follow the correct process for giving notice, even if you do not have a written contract. For guidance on this situation, see Resigning Without a Contract. You may also want to learn about related laws to ensure you understand your rights and responsibilities when resigning.
If you experience or witness unfair treatment during or after the transfer, such as being pressured to accept worse terms or being dismissed without good reason, you have the right to speak up. Reporting such issues is known as whistleblowing, and there are legal protections in place to shield you from retaliation. To understand your rights in these situations, see Whistleblowing & Employee Protections.
If you are unsure about your options or need support, consider seeking advice from a trade union representative, ACAS, or a legal professional. They can help you understand your rights and the best steps to take in your circumstances.
Additional Considerations After Your Job Transfer
After your job is transferred to a new employer, there are a few important things to keep in mind to help you adjust smoothly and understand your ongoing rights.
One area to be aware of is workplace drug testing. Your new employer may have different policies from your previous one, and it’s important to know what is expected of you. For more details about what’s allowed and your rights as an employee, see our guide on Workplace Drug Testing.
Adapting to a new workplace can also mean getting used to different rules, procedures, or company culture. While your main terms and conditions – such as pay and holiday entitlement – are protected by law under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE), day-to-day practices may change. Take time to familiarise yourself with any new policies or codes of conduct, and don’t hesitate to ask questions if anything is unclear.
Finally, it’s a good idea to keep informed about your ongoing rights and responsibilities. Employment law can cover a wide range of topics, including pensions, redundancy, and workplace policies. Learn about related laws to make sure you understand how these changes might affect you in the future. Staying informed will help you feel more confident and ensure you receive fair treatment after your transfer.
