5 Common TUPE Mistakes Tech Employees Should Avoid

When companies in the tech sector merge, outsource, or restructure, TUPE ensures that your employment terms, conditions, and continuity of service move with you to the new employer.

While TUPE is designed to safeguard employees, it can be confusing, and mistakes made during the process can affect your rights, pay, and job security. TUPE solicitors can guide you through these complexities. This article explores five of the most common TUPE mistakes tech employees make—and how to avoid them so you can protect your career and your future.

Why TUPE Matters for Tech Employees

TUPE applies when a business, or part of it, is transferred to a new employer. In the tech world, this often happens during acquisitions, outsourcing of IT services, and internal reorganisations involving different legal entities.

The purpose of TUPE is to protect employees. Your employment terms, conditions, and continuity of service transfer with you to the new employer. But while TUPE gives important protections, the process can be complex, with strict requirements and deadlines. If you’re not aware of your rights—or don’t challenge mistakes—you could lose out on valuable protections.

Mistake 1: Not Recognising When TUPE Applies

One of the biggest mistakes employees make is failing to realise when TUPE applies. Many assume it only applies to large-scale mergers, but that isn’t true. TUPE can be triggered in situations such as:

Your company outsourcing IT support or software maintenance to a third-party provider
A previously outsourced service being brought back in-house
Client contracts being reassigned to another company
Internal restructures involving new entities or business divisions

The courts assess whether an “economic entity” is transferring and whether it retains its identity. If you’re dedicated to that part of the business, your role will usually transfer. If you don’t recognise that TUPE applies, you may miss the chance to assert your rights, such as continuity of service or potential claims for unfair dismissal.

Mistake 2: Overlooking Your Right to Be Informed and Consulted

TUPE gives you the right to be properly informed—and sometimes consulted—before a transfer happens. Both your current employer (the transferor) and the new employer (the transferee) must provide key information in good time, including:

That the transfer is taking place
The timing of the transfer
Why the transfer is happening
Any legal, economic, or social implications

If changes are proposed after the transfer, consultation with trade union representatives or elected employee representatives is mandatory. This isn’t just a formality. It gives you the opportunity to understand how the transfer will affect your role and raise concerns. If this stage is ignored, employees can pursue claims through an employment tribunal and may be entitled to a protective award of up to 13 weeks’ pay.

Don’t overlook consultation. Make sure you understand what’s being communicated and, if necessary, challenge inadequate or last-minute processes.

Mistake 3: Accepting Changes to Terms and Conditions Without Question

After a transfer, some employees assume their new employer can immediately alter their contracts. This is rarely the case. TUPE makes it clear that changes to terms and conditions are void if the sole or principal reason is the transfer itself.

For example, you cannot be forced to accept new working hours, reduced benefits, or a new job title simply because your employment has transferred. There are limited exceptions—changes may be allowed if they are due to an economic, technical, or organisational (ETO) reason involving workforce changes and you agree to them. But the threshold is high.

In the fast-moving tech world, where companies often restructure teams, adopt new systems, or push for agile working, it’s tempting for employers to propose contract changes. Always seek advice before agreeing to alterations. You may be able to challenge them if they’re linked directly to the transfer.

Mistake 4: Ignoring Integration and Cultural Issues

TUPE isn’t just about contracts—it affects how you experience your job day to day. A transfer might mean new systems, tools, reporting lines, or benefits. You may also find yourself working within a very different company culture.

These differences can have a big impact. Even if your pay and contract remain the same, poor integration can create confusion, frustration, and low morale. It’s important to look beyond the legal terms and pay attention to how the new employer is handling communication, onboarding, and workplace culture.

If you notice problems—such as lack of training, unclear processes, or poor communication—raise these early with managers or representatives. Protecting your wellbeing and ensuring a smooth transition is as important as protecting your contractual rights.

Mistake 5: Not Getting Legal Advice Early Enough

Perhaps the most serious mistake you can make is waiting too long to seek advice. By the time you’ve signed documents or accepted changes, it may be too late to challenge them.

An experienced solicitor can help you by:

Confirming whether TUPE applies to your circumstances
Explaining your rights to continuity of service and terms
Advising whether proposed changes are lawful
Supporting you if consultation requirements haven’t been followed

In the tech industry, transfers often involve intellectual property, sensitive client contracts, and specialist knowledge. Mistakes in handling TUPE can therefore have big consequences—not just for employers, but for employees too. Early advice ensures you understand your rights and can act before opportunities are lost.

TUPE Can Protect You—If You Understand It

TUPE exists to protect employees, but it only works if you recognise when it applies, insist on proper consultation, and question unfair changes. Don’t assume TUPE doesn’t affect you. Don’t accept contractual changes without checking if they’re lawful. And don’t stay silent if integration is poorly managed.

By staying informed, asking the right questions, and seeking advice when needed, you can ensure that TUPE works for you—not against you—during periods of change in the tech sector.

This article is for general information only and does not constitute legal advice. If you believe TUPE may apply to your situation, seek guidance from a qualified professional.

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Adam Regan

Deputy Editor

Features and account management. 3 years media experience. Previously covered features for online and print editions.

Email Adam@MarkMeets.com