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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience:  15 years experience of advising on employment law matters
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I have been at a financial form as an IT person for 11 years,

Customer Question

I have been at a financial form as an IT person for 11 years, progressing from IT junior to IT manager. At year 9 or 10 my job description was changed which I agreed to.

I have since TUPE'd across to the sister firm dealing in insolvency as the IT Manager. I have been at the sister company for 1 1/2 years without issues.

I added an extra revenue stream, of picking up computers and copying them as a small self-started project as a proof of concept under my own esteem, not expecting anything to come out of it.

The firm are now wanting to expand on this little project in a very significant way out of the blue, and are trying to make me/forcing me to take on significant extra duties, which involve going to client sites and potentially other countries to do this.

I have said under the TUPE transfer, the only way this can happen is if I agree to it, which I don't want to do. What are my rights, and can my employers do this?
Submitted: 3 years ago.
Category: Employment Law
Expert:  taratill replied 3 years ago.
Hello and welcome to Just Answer,

Your assumption about the situation is partly correct. Under TUPE the normal position is that an employer cannot change terms and conditions.

However there is an exception to that where an ETO (Economic, Technical or Organisational) reason for the change can be demonstrated. In your case if they can show a business need for the role to change they can probably rely on that defence.

That said you do not have to accept a major change to your contract lying down. First raise a grievance on the basis of TUPE and hopefuly they won't raise the ETO defence. If they do then if your exisitng role no longer exists then you will be in a redundancy situation and will be entitled to be offered alternative work or take redudnancy pay.

Please remember to give positive rating. I will be happy to answer your follow on questions.
Customer: replied 3 years ago.

If there are other viable solutions to this new role/area, such as contracting the work, or hiring a junior, is this still the case?


 


Due to potential work in other countries, I have told my employers I am terrified of flying (which I am) and the role is better for someone else who does enjoy traveling.


 


The new role itself, is very wishy washy as the firm arn't sure themselves on how it will work, they see this as a bolt on in responsibilities to my job, as unfortunately my knowledge of IT is very deep

Expert:  taratill replied 3 years ago.
are they offering more money and saying that YOU have to do the additional work?
Customer: replied 3 years ago.

No further pay has been mentioned. A few times in the past my employers have demanded for me to go off site, I then mentioned tupe and they backed off.


 


There is a practice meeting next week when it will be strongly recommended I do this extra work, without even considering other reasonable solutions

Expert:  taratill replied 3 years ago.
In the normal course of events, even without the TUPE issue, it would be unreasonable for you to be forced to do otther duties without proper consultation and consdieration of other options.

Your employer should be prepared to listen to your concerns fully. If they are not then there is a potential breach of trust and confidence and you can raise a grievance.

I would be grateful if you would now give positive feedback as I have answered your original question. I am not otherwise credited for my time.

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