UKI've been TUPE transferred and my new employer wants to change my terms.
After a TUPE transfer, your existing employment terms generally transfer automatically to the new employer and cannot be changed solely because of the transfer. Changes made for an 'economic, technical or organisational' (ETO) reason may be lawful, but otherwise risk being void.
What the Law Says
The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) — not the Employment Rights Act 1996 — is the primary law governing transfers of employment. However, s. 94 of the Employment Rights Act 1996 provides the right not to be unfairly dismissed, which may apply if you’re dismissed for refusing unlawful changes post-transfer.
Under TUPE, your contract of employment transfers automatically to the new employer on the same terms. Any attempt to change those terms is automatically void if the sole or principal reason is the transfer itself.
Changes may be lawful only if they are for an 'economic, technical or organisational' (ETO) reason entailing changes in the workforce — for example, restructuring roles across sites or introducing new technology that genuinely requires different duties.
Even with an ETO reason, the change must still be handled fairly: consultation is required, and the employer must act reasonably. Unilateral imposition without agreement or fair process risks claims for unfair dismissal or breach of contract.
Statutory TextAn employee of the transferor has the right not to be unfairly dismissed by the transferee.
— Employment Rights Act 1996, s. 94 — Unfair dismissal
What to Do
Do not sign any new contract or variation without seeking advice — changes made solely due to the transfer are likely void.
Ask your employer in writing to confirm the reason for the proposed change — it must be an ETO reason, not just 'because of TUPE'.
Raise a formal grievance if changes are imposed unilaterally or without proper consultation.
If dismissed for refusing the change, you may have a claim for automatic unfair dismissal under TUPE — seek legal advice promptly (strict 3-month time limit).
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.