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: 46791
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 WORK IN A PRINT ROOM IN THE CITY SAME FIRM

Resolved Question:

I WORK IN A PRINT ROOM IN THE CITY FOR THE SAME FIRM FOR 37 YEARS. WE WERE TOLD THEY ARE GOING TO OUTSOURCE THE PRINT ROOM FROM APRIL, WITH ALMOST A MIRROR CONTRACT LASTING 5 YEARS. BUT CAN I NOT REFUSE TO SIGN BECAUSE MY EXISTING ONE IS POTENTIALLY ANOTHER 12 YEARS WHEN I RETIRE AND WORTH MUCH MORE? CAN THEY MAKE ME SIGN,CAN THEY LAY ME OFF AND CAN I SUE FOR POTENTIAL LOSS OF EARNINGS? THERE ARE 20 OF US IN THIS SITUATION.
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 you have a new employer taking over the part of the business for which you work? Also when you say it is for 5 years do you mean it is actually fixed for specific period of 5 years?

Customer:

Yes the outsource company Mitie will have a fixed five year contract.

Ben Jones :

ok let me get my response ready please

Customer:

For sure.

Ben Jones :

If TUPE applies to a transfer, those employees assigned to the transferring business will move to the new employer on their existing terms and conditions. Simply put, the new employer will 'step into the shoes' of their old employer and the employees should continue working for the new employer as if nothing had changed, apart from the name of their employer.

Even though the new employer is offering you a 5-year fixed term contract, it does not mean that they can just terminate your employment at the end of that period. The termination of a fixed term contract requires the same rules as the termination of any other permanent contract – a fair reason is needed and a fair procedure must be followed. So even if the contract is for 5 years, they cannot just end it at the end without showing there was a fir reason for doing so and that can happen at any time even if you were not on a fixed term contract. So legally it should not affect your rights.

If you were to reject the contract then it is deemed you had resigned and whilst you can try and make a claim for constructive dismissal, due to the factor mentioned above a tribunal may not necessarily agree that you did not have a choice but to resign and a claim can be risky.

I hope this clarifies your position? If you could please quickly let me know that would be great, as it is important for us to keep track of customer satisfaction. Thank you

Customer:

So can i ask my firm for an offer to buy my contract out with 37 years service and a potential 12 years remaining? How much are they likely to offer me?

Ben Jones :

it's quite unlikely they would do that, it is a lot of money for something they do not have to do under law, I have no seen that happen before to be honest - you have nothing to lose by asking them but I cannot say what they will offer, only they know that

Customer:

Thanks.

Ben Jones :

you are welcome

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46791
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and 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.co.uk/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.co.uk/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.co.uk/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.co.uk/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.co.uk/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.co.uk/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