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Stuart J
Stuart J, Solicitor
Category: Employment Law
Satisfied Customers: 22401
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
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At present I am employed by the Prison Service to run a centre

Customer Question

At present I am employed by the Prison Service to run a centre for visitors. I have just been informed that the prison has now given a contract to a Trust to run the centre as a package. I am being offered alternative work within the Prison, not the opportunity to be taken on by the new employers. Is this covered by TUPE?
Submitted: 3 years ago.
Category: Employment Law
Expert:  Stuart J replied 3 years ago.

On these facts, it is most unlikely that this is not a TUPE transfer. Have they given a reason?

I am off-line shortly until tomorrow morning, but will pick this up then

Customer: replied 3 years ago.


They have said that it is more cost effective for the Trust to come in and run the Centre (even tho' my line manager has seen the tender and said it is more expensive). Myself and my colleague have been working there for over ten years and have been told that within the next couple of months we can apply for other positions within the Prison together with others that may apply - so we are not confident that we will even get another position and obviously they are not offering us redundancy. So if this isn't a TUPE transfer, then the new employers are not obliged to offer us our positions then?

Expert:  Stuart J replied 3 years ago.

I said but I thought it was most unlikely that this was not a TUPE transfer, meaning that it is a TUPE transfer and as such the trust is obliged to take on the existing staff.

They take on the existing staff on existing contracts and cannot vary them for 12 months.

Also, on these facts whilst redundancy can take place in the next 12 months, the trust would be liable for redundancy payments, but they would struggle to keep out of a tribunal unless they were genuinely cutting staff down .







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Stuart J, Solicitor
Category: Employment Law
Satisfied Customers: 22401
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street Practice
Stuart J and other Employment Law Specialists are ready to help you
Customer: replied 3 years ago.

I will most definitely rate your service - should I do that when I have finished asking questions or rate it so far?


 


I'm sorry, I am slightly confused as to whether you are telling me it is a TUPE transfer or not. I do not need information on how TUPE works, as I have already researched those details. I just need to know how I establish if it is a TUPE transfer.


 

Expert:  Stuart J replied 3 years ago.

You can rate it at any time because the thread remains open.

I think this is a TUPE transfer on the facts, you have given me and I think they would struggle to say that it was not.

Here are some interesting reading http://www.out-law.com/page-448

and from the ACAS website

http://www.acas.org.uk/index.aspx?articleid=1655

Customer: replied 3 years ago.


Thank you for the reading links.


 


I have asked my boss if it is a TUPE transfer and he has said it isn't but on the little I have read up on it seems as tho it is to me, which is why I asked for your advice - how do I go about proving that it is a transfer?


 


Customer: replied 3 years ago.


I have asked my boss if it is a TUPE transfer and he has said it isn't. You have said it is, I think it is too after reading up on the links you suggested - how do I go about proving it is a Transfer other than producing paperwork I have printed off the internet?

Expert:  Stuart J replied 3 years ago.

It isnt for you to prove it is, it is for them to prove it isnt.

If the new employer trust refuses to employ you, you bring employment claim against new employer, not the prison service.

The PS muts consult you regarding the process

That is of course unless you are happy to take up another job in the prison service if one is offered.

Check what happens to pension entitlement with PS if you transfer to the trust. You may no longer be eligible for the scheme

Customer: replied 3 years ago.


ok - thank you very much for your advice

Expert:  Stuart J replied 3 years ago.
I am glad to help. I hope you get it sorted.

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