Jurisdiction(s):
United Kingdom

TUPE dismissal under 2 years: s104 ERA automatic unfair dismissal

Published by a LexisNexis Employment expert

Q&As

For information:

on information and consultation duties under the Transfer of Employment (Protection of Employees) Regulations 2006 (TUPE 2006), SI 2006/246, see Practice Note: TUPE—information and consultation
on TUPE protection from dismissal, see Practice Note: TUPE—protection against dismissal
on unfair dismissal claims generally, see Practice Note: Entitlement to claim unfair dismissal
on reasons that make a dismissal automatically unfair (no qualifying period), see Practice Note: Automatically unfair reasons and Checklist—unfair dismissal claims requiring no minimum qualifying period

A dismissal is automatically unfair under ERA 1996, s 104(1) where the reason, or main reason, is that the employee brought proceedings to enforce, or alleged an infringement of, a relevant statutory right. The two-year qualifying period does not apply where s 104(1) (read with ss 104(2)-(3)) applies (s 108(3)(g)). Relevant statutory rights appear in s 104(4), including rights conferred by TUPE 2006 (s 104(4)(e)). It does not matter whether the right exists or has in fact been breached, provided:

the employee makes reasonably clear which right is said to be infringed; and
the assertion and the allegation of infringement are made in good faith

Further detail: Commentary: Harvey on Industrial Relations and Employment Law, DI [1955]–[1955.02]: Asserting statutory rights...

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Web page updated on 27/05/2026

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