Employment Lawyers Can Answer Your Employment Law Questions
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?
Yes the outsource company Mitie will have a fixed five year contract.
ok let me get my response ready please
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
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?
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
you are welcome