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Please explain your situation in a bit more detail
Is the new restaurant relatively similar?
TUPE could indeed apply in this situation, in a sense that his employment is likely to transfer to the new restaurant. It is probably best to explain this by borrowing a practice note from a law fir which discussed this in one of their legal updates:
“TUPE might apply when a business is sold that includes a commercial property which has employees employed in or in relation to it. TUPE could also apply on the sale of a commercial property, the sale of a property subject to a service occupancy, the grant or assignment of a lease to a new tenant, the surrender or forfeiture of a lease, the grant of a sub lease to a new subtenant, where the landlord assumes activities for the property, and where tenants acquire the right to manage the freehold of a property.
Example: A landlord decides to accept a surrender of a lease in which a restaurant is operated. He decides to continue to operate the restaurant himself. TUPE will apply to protect the employees employed in the restaurant and transfer their employment to the landlord.”
You can also read this to apply to situations where the business transfers to a new owner.
Does this answer your query?
I suggest approaching the employer first and advising them of their legal obligations, plus what you may do if they do not honour them, such as going to tribunal. If there is no resolution you can then consider going to a lawyer or direct to tribunal