Effects on the employee

Employee rights

Employees transferred to a new employer can expect their existing terms of employment to continue

Transfer of Undertakings (Protection of Employment) Regulations SI 1981/1794, or TUPE


Without prejudice

Süzen case

Ayse Süzen v Zehnacker Gebäudereinigung GmbH Krankenhausservice, supported by Lefahrt GmbH Case C-13/95, 11th March 1997

The Court of Justice decided that if a company loses a contract to a competitor, employees cannot automatically expect their job to be transferred to the competitor. Transfer rights apply only if there has been a transfer of significant (tangible or intangible) assets

(Disclaw, 1998)


Without prejudice

Employee rights

Employers sometimes make unilateral changes to terms of employment. Choices open to an employee are:

  1. go along with the employer's proposals; or
  2. reject them and quit, perhaps claiming "constructive dismissal" (difficult to prove); or
  3. reject them but continue to work on a without prejudice basis under the new terms, reserving all rights, negotiating if possible and ultimately bringing court or tribunal proceedings if agreement cannot be reached.


Without prejudice

Employee rights

Note: The Employment Rights Act 1996 and Industrial Tribunals Act 1996 together consolidate the whole of UK individual employment law. They repeal and replace parts of over 50 Acts of Parliament and Statutory Instruments including

(Disclaw, 1998)


UpOther topics Comments please to: dwfarthi@glam.ac.uk © 1999, University of Glamorgan