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Awan-Legal
Awan-Legal, Solicitor
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Hi, I need some advice? The company I worked for over 14 years

Resolved Question:

Hi, I need some advice? The company I worked for over 14 years as their sole IT manager/technician outsourced their IT to another company and was transferred under Tupe over a year ago. I was told I had no other option as there was no redudancy and if I said no I was terminating my own contract. I have been transferred with what is my original terms and conditions. However, I have been working long hours with this new company and asked for Time in Lieu of extra hours worked as there is no overtime pay. I have been told I am not entitled as I am under Tupe and on my current conditions and Time in Lieu doesn't apply for me. Where and who do I turn to make sure I am being treated with employee rights.
Submitted: 2 years ago.
Category: UK Employment Law
Expert:  Awan-Legal replied 2 years ago.

Awan-Legal :

Hi

Awan-Legal :

As long as you did not sign a new employment contract and the terms/conditions remain the same, then your employment is continuous. This means your length and continuity of service and any other rights are all preserved. Therefore, if you were entitled to time off in lieu under your previous contract, then this right will continue. If the employer denies you this right and it is specifically contained in your original contract,then the employer will be in breach of contract.

Awan-Legal :

You should dig out your original employment contract and show your employer. Explain the above to them.

Awan-Legal :

You can contact ACAS on 08457 47 47 47 who help with employment law and rights if you are still having difficulties with them or you can come back on here.

Awan-Legal :

I hope that helps. Please click accept on my answer.

Customer:

Was the original condition right for the previous employer to deny me redudnacy instead of the Tupe?

Customer:

I would have rather had the option of redundancy instead of Tupe but there was none. The work load with this new company is immense and it seems they are taking advantage. Am I stuck in this Tupe with no way out?

Awan-Legal : Hi again, unfortunately your employer was right that tupe does not involve redundancy. This is because the position and contract remain the same but the new company simply takes over, which means redundancy is not an option. The work role and what you are being asked to do will depend on the terms and conditions - if the work you are being made to do is still the same work involved in your contract and does not differ from the terms and contract, then it is unfortunate but the employer has the right to make you do the work. You should double check the terms and conditions - if you are bein asked to do something which is not in your original contract, then you could raise a grievance with management. If that does not work, then you could come back to us for further advice on what to do next.
Awan-Legal : Please click accept on my answer. Thank you.
Awan-Legal, Solicitor
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