UK Employment Law
UK Employment Law Questions Answered by Verified Experts
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. You say this is a national change - would it apply to all NHS employers?
Yes it would, assuming they have staff who have need to claim for mileage allowance.
As far as TUPE protection goes, changes to an employee's contract is unlawful if the reason for the changes is the TUPE transfer itself or a reason connected to the transfer.
It is possible under regulation 4(5) of TUPE to make changes to employment terms before or after a transfer where the sole or principal reason is either:
So TUPE does not provide a bulletproof defence against contractual changes. Exceptions are allowed as long as the employer can show that they were for one of the allowed reasons mentioned above.
In this case, this is a nation-wide change which is going to affect all NHS employers and it is likely that they can justify that it was a reason which is unconnected with the transfer. Even if that is not the case it is still possible to potentially try and include it in the ETO reason exception.
Of course if you want to challenge this you may do so but you will have to take this to the employment tribunal and convince them that the changes were actually linked to the transfer. This may not necessarily be easy in the circumstances.
I would be grateful if you could please take a second to leave a positive rating - your question will not close and I can continue providing further advice if necessary. Thank you
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