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
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).