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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46794
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Hello I need advise urgently, I was moved out of a job

Resolved Question:

Hello

I need advise urgently, I was moved out of a job I have been doing for 9 years now with only 2 days notice. No real reason was given It has now been 7 weeks and they still say they are trying to find a new role for me.
I was transferred to them on a tupee agreement and when job was taken from me they did not wish to pay out redundancy due to amount. How long do I let them carry on delaying the situation and do I have any rights in this matter?
appreciate any feedback you can provide in this matter

regards
James Mckenna
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones : Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. So was it a ase of moving under tupe to them and immediately having your job changed?
Customer:

Good morning Ben I was transfered from BP after 10yrs service to various companies with my Tuppee agreement being part of any transfer the last company was Siemens who I have been with for about 5yrs but have always been on a BP site. For some reason I was taken of site with 2 days notice then told I would stay at home two weeks whilst they tried to see if there was a subsequent role I could undertake. It has now been seven weeks one meeting with Unify( Who have taken over some of the Siemens functions) Am due a further meeting this Friday to discuss CV and Skills document I have forwarded to them One thing I would like to clarify at this stage is That I have to date recieved nothing in writting from either BP or Unify to explain why my job was terminated. every dicussion has been in private with no follow up notes. I have kept copies of all the mails I have sent to them

Customer:

Good morning Ben I was transfered from BP to various outsource companies with my Tuppee agreement being part of the transfer agreemnet. the last company I was transfered to was Siemens who I have worked for about 5yrs now. ( I am as from November been working for Unify who took over some of the Siemens functions which I was part of)

Customer:

note sure if you can see part I typed in wrong box or just few lines I started to type?

Ben Jones :

Yes I can, thanks

Customer:

thank you

Ben Jones :

Do you know if your removal was due to a request by BP?

Customer:

I was told that BP were looking for people with newer skilss basically software and programing

Ben Jones :

Are you doing another job given to you by the employer now?

Customer:

I am just doing odd jobs at an other BP site untill they establish if there is a role for me in London area

Ben Jones :

ok thanks let me get my response ready please

Customer:

ok

Ben Jones :

As someone who is transferred under TUPE, you have the right to retain your existing terms and conditions indefinitely, unless the employer can justify that changes are required due to economical, technical or organisational reasons.


 


The issue with working for a third party, like BP, is that your employer is going to have to adhere to their requests and you are really at their mercy. It means that if BP do not want you working for them any longer, there is very little that your employer can do about that.


 


There are circumstances when an employer may feel forced to move or even dismiss an employee because of pressure from a third party, like a client or valued supplier, etc. It is generally accepted that the reason behind the third party's request is irrelevant and there is no requirement on the employer to establish the truth behind the allegations. What really matters is the how important the third party's continued business is to the employer and what risks there are to that relationship if the employer does not act as per the request.


 


For example, in the case of Dobie v Burns International Security Services, Mr Dobie was a security guard working for a contractor who supplied security staff to a Council. Friction developed between a senior Council employee and Mr Dobie, with the Council demanding his removal from their site. His employer eventually dismissed him. He made a claim against his employer, however he lost with the decision being that third party pressure to dismiss can amount to a fair reason for dismissal.


 


Employers must still act reasonably in such circumstances, in accordance with established employment principles and would need to undertake some form of investigation and hold a fair procedure. They should also consider whether there is any other alternative employment that can be offered to the employee first before taking further action.


 


This means that whilst your removal from BP is unlikely to be challenged if the request has come directly from them, you have the right to be offered other suitable work available from your employer so if you know of such and it has not been given to you, then you may certainly challenge the employer over this and seek a resolution.

Ben Jones :

Hello, I see you have accessed and read my answer to your query. 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? I just need to know whether to close the question or not? Thanks

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46794
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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