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Jenny McKenzie
Jenny McKenzie,
Category: UK Employment Law
Satisfied Customers: 5092
Experience:  10 Years of experience in Employment Law and HR
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Hi i have worked as a cleaner at hmv for 6 years and a new

Resolved Question:

Hi i have worked as a cleaner at hmv for 6 years and a new company has won the cleaning contract, i am to be TUPE'd over to this company, and they tell me they will be cutting my hours from 18 per week to 10. Can they do that and is there anything i can do? Thanks very much, Phil.
Submitted: 1 year ago.
Category: UK Employment Law
Expert:  Jenny McKenzie replied 1 year ago.
Hello and welcome to Just Answer, are they saying that you will TUPE across to them?
Customer: replied 1 year ago.

Hi, yes the TUPE regulations will apply to the transfer.

Customer: replied 1 year ago.

Hi, yes the TUPE regulations will apply to the transfer. They say they will give me notice before the hourly reduction starts.

Expert:  Jenny McKenzie replied 1 year ago.
Hi TUPE applies where the undertaking or function that you are working in changes hands so it does seem to apply here.

After the transfer the employer must protect your terms and conditions, i.e. pay you the same and give you the same hours and benefits unless it can demonstrate that it has an economic, technical or organisational reason to change things.

If they decide they no longer need or can afford as many hours of cleaning then it is likely that they would be able to demonstrate that they have an ETO reason. They would have to give you notice of a change in hours as they have already stated.

I hope this helps. If you have any further questions then please ask. If I have answered your question I would be grateful if you would give my answer a postiive rating.

Many thanks and all the best.
Jenny McKenzie,
Satisfied Customers: 5092
Experience: 10 Years of experience in Employment Law and HR
Jenny McKenzie and 3 other UK Employment Law Specialists are ready to help you

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