TUPE laws do not give employees a fair choice as to whether they want to work for the new company or not. By law if you refuse to work for the new company you are considered to have resigned and are not entitled to redundancy pay. Businesses are using this to get rid off employees on the cheap. The new company does not have to honor compulsory or voluntary redundanct terms that were offered by the old employer.
I do not believe that the TUPE legislation was brought in to be used in this way. Everyone should have the right to work for who they want. Employees under TUPE law are not giving employees a fair choice.