Direct Access · TUPE Barrister
Christopher Mallon BL is a direct access TUPE barrister advising employees and employers on TUPE employment tribunal claims, service provision changes, business transfers, and the rights and obligations arising under the Transfer of Undertakings (Protection of Employment) Regulations 2006.
Time limit: Most TUPE employment tribunal claims must be brought within 3 months less one day of the act complained of. Contact Christopher immediately if you are approaching this deadline.
TUPE Advice & Representation
Christopher provides TUPE advice and Employment Tribunal representation across all categories of TUPE claim — for both employees and employers.
TUPE advice on the transfer of a business or undertaking from one employer to another — including asset sales, outsourcing, and insourcing arrangements.
TUPE advice where a service contract is awarded, re-tendered, or brought in-house — the most common and most disputed category of TUPE transfer in employment tribunal claims.
Dismissals connected to a TUPE transfer are automatically unfair under Regulation 7. No qualifying period of employment is required to bring this TUPE employment tribunal claim.
Where a TUPE transfer involves a substantial change to working conditions to the material detriment of the employee, the employee may resign and treat themselves as dismissed.
Employers must inform and consult with employee representatives before a TUPE transfer. Failure to do so can result in awards of up to 13 weeks' uncapped pay per affected employee.
TUPE advice on the prohibition on varying employment terms connected to a transfer — including advice on what changes are and are not permissible under the ETO defence.
Direct Access TUPE Barrister
As a direct access TUPE barrister, Christopher accepts instructions from individuals and businesses without the need to go through a solicitor first.
Employees facing dismissal, a change to their terms, or a service provision change can instruct Christopher directly for TUPE advice and Employment Tribunal representation.
Businesses acquiring or transferring a workforce can instruct Christopher directly for TUPE advice on their obligations, the consultation process, and defending Employment Tribunal claims.
Organisations involved in outsourcing, re-tendering, or insourcing contracts can obtain specialist TUPE advice on whether a service provision change applies and how to manage the transfer.
How It Works
Contact Christopher to discuss your TUPE matter. He will assess whether TUPE applies, identify the type of transfer, and advise on your rights and obligations from the outset.
Christopher provides a clear written TUPE advice note covering the applicable regulations, the strength of any employment tribunal claim, and the strategic options available.
For TUPE employment tribunal claims, Christopher drafts the ET1, prepares witness statements, and advises on the evidence bundle — ensuring the claim is presented to the highest standard.
Christopher represents employees and employers at all stages of TUPE employment tribunal proceedings — from preliminary hearings to the full merits hearing and any appeal.
Why TUPE Matters
TUPE employment tribunal claims are among the most technically complex in employment law. The question of whether TUPE applies — and in particular whether a service provision change has occurred — frequently turns on detailed factual analysis of how a service was organised and delivered before and after the transfer.
Christopher provides specialist TUPE advice to both employees and employers, drawing on direct experience of TUPE employment tribunal proceedings. His TUPE advice covers the full lifecycle of a transfer — from the initial question of whether TUPE applies, through the information and consultation obligations, to representation at the Employment Tribunal and Employment Appeal Tribunal.
Key Regulations
Scope
Business transfers and service provision changes
Transfer of contracts
Employees transfer on existing terms and conditions
Constructive dismissal
Substantial detrimental change entitles resignation
Automatic unfair dismissal
Dismissal connected to transfer is automatically unfair
ETO defence
Economic, technical or organisational reason may justify dismissal
Information & consultation
Duty to inform and consult with employee representatives
Failure to consult remedy
Up to 13 weeks' uncapped pay per affected employee
Common Questions
Get in Touch
Contact Christopher to discuss your TUPE matter. He responds promptly — usually within one business day — and provides clear, practical TUPE advice from the outset.