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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47907
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Ben, I am Transferring over to a government department from

Customer Question

Hi Ben, I am Transferring over to a government department from the private sector as part of transfer of service. If, subsequent to transfer, I were to apply (or were forced to apply say, due to restructuring) for a new role, would my preserved terms still apply?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello how long have you worked at your current employer for?
Customer: replied 1 year ago.
10 years.
Expert:  Ben Jones replied 1 year ago.
If there is a transfer of service then a piece of legislation known as TUPE will most likely apply, which means that 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. If you were to apply for a new job within the new business then any new terms will be as advertised for that role so there is no guarantee that you will keep your existing terms. This would especially be the case if you are to voluntarily apply for a new role. The same could apply if you are to be forced into it due to a restructure but what you have to make sure does not happen is that you are not singled out for being the incoming employee due to TUPE – so you should be treated in the same way as their existing employees. If you are picked for the reorganisation due to having transferred under TUPE then that could be a breach of TUPE protection and you could challenge the employer’s actions. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. 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
Expert:  Ben Jones replied 1 year ago.
Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.
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Customer: replied 1 year ago.
Hi BenMany thanks for your response which confirmed my own understanding of the TUPE provisions, their applications to my situation and the potential scenarios. You have raised some very pertinent points and I appreciate your advice on this matter.
Expert:  Ben Jones replied 1 year ago.
You are most welcome, all the best for now