Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. What are your concerns about this?
hi my concerns are how long will my TUPE status last and if i dont want to transfer ie i want to stay with the company i have worked for for 6 years can i request in writing to be moved to another department that is currenly using contractors to plug man power gaps in the other sectors of business?
TUPE protection is indefinite, the new employer basically steps into the shoes of the old employer and must honour your terms and conditions as if there was no transfer in the first place. There are very limited circumstances in which some changes can be made but they are not easy to justify.
If you did not want to transfer, then technically you would be resigning at the date of the transfer. The old employer id not obliged to keep you on. There is nothing stopping you from asking them to allow you to remain in one of the available jobs but there is nothing in law that states they must consider or accept such a request so it is essentially entirely down to them whether they want to do this or not.
so basically i join over to new company name with same terms conditions and benifits or i will lose my contract etc etc doesnt seem like a fair employee safety net to me if i get told in a year that my employment contract is changing due to economic or other buisiness needs
well actually the whole reason of TUPE is to protect employee rights. Before TUPE, if your department was taken over, the new employer could have done whatever they wanted with you, changed your terms as they wish or not even take you on. So you do get protection. And business needs can affect any business at any time - the same could have happened to your current employer even if you had not transferred
ok cheers XXXXX XXXXX its made it clearer thank you
You are most welcome. Please take a second to leave a positive rating for the advice I have provided as that is an important part of our process. Thank you and all the best
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).