How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ben Jones Your Own Question

Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46743
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

I have applied job with a company as an external

Resolved Question:

hello
I have applied for a job with a company as an external candidate and been offered the job. Since my verbal acceptance I have had a back injury and an mri has said I have a prolapsed disc . I do manual work
In March my current work, myself and colleagues are transferring to the same company under TUPE , under this agreement I have 2 yrs service history . Because it looks likely my back investigations and treatment will not be completed until after March at that time I will be working for the company in a different role to the management one I have verbally accepted
If I sign my contract of acceptance after the TUPE transfer will my employment service history go with me to the new job or because I accepted it verbally before the TUPE transfer will I still be starting as though I am a new employee
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

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?

Customer:

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

Customer:

hello

Ben Jones :

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

Customer:

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?

Ben Jones :

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

Customer:

ok thank you- is there anything I should be aware of? is there anywhere this legislation is written down so I can explore further?

Ben Jones :

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

Customer:

brilliant , thank you , you have put my mind at rest . Can I save/ print our chat

Ben Jones :

You have a few options:
a) If you see a 'share' button and hover over it you can see the option to print.
b) You could copy and paste this conversation into a Word document or equivalent. You can then save and/or print it and refer to it in the future as necessary.
c) This conversation will be stored in your account on this site so you may return to view it or do any of the above at any time

Customer:

thank you for your help . Much appreciated Ben

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46743
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and 2 other Employment Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11030
    Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
< Previous | Next >
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11030
    Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    41
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Laywer

    Satisfied Customers:

    49
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/taratill/2010-03-09_111600_phpsik04M_c2AM.jpg taratill's Avatar

    taratill

    Solicitor

    Satisfied Customers:

    672
    15 years experience of advising on employment law matters
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    24
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/LI/li/2014-12-19_134845_lexughes.64x64.jpg Alice H's Avatar

    Alice H

    Solicitor Advocate

    Satisfied Customers:

    99
    Partner in national law firm with 20+ years legal experience
  • /img/opt/shirt.png tdlawyer's Avatar

    tdlawyer

    Laywer

    Satisfied Customers:

    53
    Lawyer with 9 years experience in employment related issues.
 
 
 

Related Employment Law Questions