Deal with the situation where the organisation has no need for the employee transferred to it under TUPE
Key points
A transferee employer may decide that it has no need for the employees transferred to it under TUPE, for example because it has existing employees performing the same function.
The transferee does not have a choice as to whether or not to accept the transferring employees and the TUPE legislation limits the circumstances in which it can dismiss them.
A genuine redundancy situation will generally be a lawful reason for dismissal, but the transferee must consider whether or not it is appropriate to include existing employees as well as the transferred employees in the redundancy selection pool.
