TUPE and redundancy pay: what carries over?

TUPE stands for Transfer of Undertakings (Protection of Employment). In simple terms, when a business or service moves to a new employer, affected employees usually move too and keep important employment rights.

Does your old service still count?

Usually yes. Under TUPE, continuous service is normally preserved. That means pre-transfer years can count toward redundancy eligibility and statutory redundancy calculations.

Can you be made redundant after a TUPE transfer?

A transfer by itself is not a valid reason for redundancy. There usually needs to be a genuine redundancy situation and an ETO reason (economic, technical or organisational) involving workforce changes.

Selection must still be fair and consultation duties still apply.

Consultation update for small transfers

For transfers on or after 1 July 2024, some employers can consult directly with employees (instead of electing representatives) where legal conditions are met, such as certain small businesses or very small transfers.

How to use our TUPE redundancy calculator

If you searched for a TUPE redundancy calculator, use our statutory redundancy calculator with your full continuous service when TUPE continuity applies.

• Include pre-transfer years and post-transfer years if continuity is preserved.
• Check your exact start date and transfer date before entering service years.
• If your case is near the 2-year threshold, verify dates in our continuous service guide.

Simple checklist before accepting a redundancy figure

• Keep your original start date and TUPE transfer letter together.
• Check HR has counted service before and after transfer correctly.
• Ask for a written breakdown of years counted and weekly pay used.
• Check redundancy pay and notice pay are shown separately.
• If your case is disputed, get advice quickly because time limits apply to claims.

Next step: use the redundancy calculator, then compare with your HR paperwork.