the right not to be dismissed by reason of a transfer under TUPE regulations 1981 (SI 1981/1794) reg 8 is not a free-standing right; it is subject to the qualifying period of employment for an ordinary unfair dismissal claim.

Editor's note:-

The decision in this case had only limited significance because TUPE 1981 was amended with effect from 26 October 1995 to expressly require the qualifying period of service in order to bring a claim on a transfer related dismissal. TUPE regulations 2006 (SI 2006/246) reg 7(6) now makes it clear that the automatically unfair dismissal provisions in the regulations benefit only employees who are eligible to claim unfair dismissal in the "ordinary way" under ERA 1996 s.94.

For relevant general notes see Qualifying periods of service for rights /TUPE regs (Transfer of Business) .