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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48784
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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My employers may be selling to a company I have previously

Resolved Question:

My employers may be selling to a company I have previously worked for, however I was dismissed by this company. Will they have to honour my current contract given the circumstances on how I left them previously.
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. How long have you worked for the current employer?
Customer: replied 2 years ago.

For Ben Jones

I have worked for my current employer since June 2009

Stephen

Expert:  Ben Jones replied 2 years ago.
Why were you dismissed from the old company?
Customer: replied 2 years ago.

For Ben Jones

I work in the Betting industry and I was accused of putting my own bets on the shops I was working, something which I denied then, and still deny today.

The evidence they had was handwriting, I couldn't prove it wasn't mine, there was no cctv in the shops at that time but they still went ahead and dismissed me.

Expert:  Ben Jones replied 2 years ago.
The starting point is that you would be protected under a law known as TUPE. This serves to protect you when a transfer of a business takes place. You would automatically transfer to the new employer on your existing terms and conditions and your continuous service would also be preserved. As you have more than 2 years service you would also be protected against unfair dismissal. This means that the new employer cannot dismiss you for a reason connected to the transfer or for any other reason unless they can show that it was a fair and reasonable reason in the circumstances. In this case you were previously dismissed and hag in itself would not allow them to dismiss you now again but if the reason was linked to something which makes the trust impossible to regain then they could try and use this as a fair reason to dismiss. That is the main issue here as there is a potential trust issue. However do not just accept that and remind them of their obligations under TUPE and also make it clear that if dismissed you would be seeking to challenge this by making an unfair dismissal claim through the employment tribunal.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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