The TUPE legislation is designed to protect the interests of employees on a transfer of their employment. However, this does not always reflect the reality of the situation when an employee does not wish to transfer to a new employer as a result of TUPE. You do not have to transfer to the new employer. You have the option to object to the transfer. However, this could leave you in a worse position if not handled properly where you lose all of your rights. A more strategic challenge to a TUPE transfer could improve your position in terms of a severance package. We can provide advice on this.