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Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 47630
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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hi i have just been told that my department in a industrial

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hi i have just been told that my department in a industrial bakery is being taken over by a outside company they have sent it out for tender and we have been told we will be transfering over to the new compamy using TUPE law on the 20 th october 2013 that is giving us 12 days notice and also in our letter its stippulates that if we object the tranfer and say so in writing before the transfer date we will have our contract terminated this cant be lawful practice can it/

many thanks if you can reply

steve

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. What are your concerns about this?

Customer:

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?

Ben Jones :

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.

Customer:

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

Ben Jones :

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

Customer:

ok cheers XXXXX XXXXX its made it clearer thank you

Ben Jones :

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

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