Hello, my name is ***** ***** it is my pleasure to assist you with your question today. So to clarify - you are moving to that company under TUPE in March, but if you were to start the other job you applied for with them, then that would be after the TUPE transfer?
I applied and verbally accepted the new job and would have started by now as new employee, no service history , however because of my recent back issue it will be after the TUPE transfer date that I would start my new more senior job , can I carry my years of service into the new job as I do when transferring under TUPE or not in this case because I verbally accepted the job before the transfer
it does not matter when you accepted the job, what matters is when you actually start it. So if you were to transfer to the company under TUPE you would carry over your length of service. If you then switch jobs within the company and start the job you had previously applied for then s long as you do so after the TUPE transfer and without there being a break of a week or more, your continuity of service should be preserved
thank you - are there any exceptions to this apart from a break of service ? I expect they cant make me redundant because of my back problem?
no, that in itself is not a reason for redundancy - they can dismiss on grounds of capability for example, if you can't perform your job but it is not usually an instant dismissal, they need to give you time to improve
ok thank you- is there anything I should be aware of? is there anywhere this legislation is written down so I can explore further?
all of this would be scattered across several pieces, depending on hat you are looking for. It will be in the TUPE Regulations, the Employment Rights Act 1996, etc - they key is that you transfer under TUPE first and as long as you have no break of service of 1 week or more between the jobs with the same copoany then your service continues
brilliant , thank you , you have put my mind at rest . Can I save/ print our chat
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thank you for your help . Much appreciated Ben