Change and reorganisation where TUPE applies
TUPE imposes significant restraints on your ability to make changes affecting the workforce. TUPE prohibits you from making any changes to the employment contract of a transferring employee by reason of the transfer, even if the employee agrees to the change. TUPE also says it is automatically unfair to dismiss an employee by reason of the transfer. However, contract changes and dismissals by reason of the transfer may be allowed if you have an economic, technical or organisational reason entailing a change in the workforce (ETO reason).
This section looks at how to deal with these restraints in practice.