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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44941
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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The catering company I work for as chef manager has lost

Customer Question

The catering company I work for as chef manager has lost the contract at a private school, it is being taken over by the school. The bursar said to me I understand that you will want to stay with the catering company so has presumed I would stay with the company and has appointed a new chef manager, I have not said that I was not willing to stay. Where do I stand
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today.

Ben Jones :

How long have you worked there for?

JACUSTOMER-7qzhm3fw- :

at the school since June but with the company since Aug 2008

Ben Jones :

OK, thank you, please leave this with me - I will look into this for you, get my response ready and get back to you on here. No need to wait around and you will get an email when I have responded, thank you

Ben Jones :

Many thanks for your patience. If the contract which your employer is providing is being taken over by another provider, assuming that they will continue to provide the same services, a piece of legislation known as TUPE will most likely apply. This provides automatic protection in the event of a transfer of the services, which means that the new employer will have to take you on and keep your existing terms and conditions as they are. You basically move from the current employer to the next one, without being detrimentally affected and the only changes should be the change of employer, with the rest of your terms remaining the same.

The new employer cannot decide whether to take you on or not – if you qualify, you automatically transfer. It is you who can decide to opt out of the transfer but by doing so you will be deemed to be resigning, unless your old employer wishes to keep you on.

So if the new employer has gone and appointed someone else in your position, meaning they can no longer take you on, it will be a breach of TUPE and if you are left with no job you can take action for unfair dismissal against them.

JACUSTOMER-7qzhm3fw- :

thank you, what if they are denying appointing someone else?

Ben Jones :

well whatever the reason, they have to take you on - if they cannot do so, even if they do not immediately say why that is, you have the right to claim for unfair dismissal - they would then have to justify why they did not take you on and show it was a legally acceptable reason

JACUSTOMER-7qzhm3fw- :

what if they are now saying that they will take me on take me on, however they also said that they would look at the staffing structure accordingly

Ben Jones :

that could happen, but you cannot just be selected as the 'odd one out' because you are the one coming in to the job from another employer - some fair and objective method of selection must be adopted by the new employer

Ben Jones :

Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks

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