Employment Lawyers Can Answer Your Employment Law Questions
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So the company taking over half of the classes - will they continue to provide these classes as part of their service?
Thank you. TUPE is one of the most complex laws in the UK so it often causes endless headaches. I will try to keep things simple rather than overwhelm you with legal jargon and hopefully that will still explain your position in some detail. It appears that you are involved in a service provision change, where services are being outsourced. This can trigger TUPE, however certain requirements must be met for that to happen.
There is no requirement for the job to be like for like and exactly the same for it to result in a TUPE transfer. However, the activities that transfer must be essentially the same after the transfer. So if part of the job is moving to a new supplier, they must continue carrying out more or less the same activities that you did before the transfer. This would only cover the services that are transferring rather than the full job you did.
There is an issue if an employee only works partly in the business that transfers, as they would transfer on their existing terms (including all jobs you did) but the transferee would only need them to do part of their previous job. The solution might be to change the employee's terms of employment or make the full-time role redundant and replace it with a part-time role. So you could still transfer to the new business but have to be made redundant from the full role you did and only be offered a contract with the transferring parts of the business. So it is not that straightforward. What the employer has done is potentially legal especially as they can transfer only part of the business. It does mean you either have to accept the transfer or object to it and remain in the business in whatever position they have remaining.
This is your basic legal position. I have more detailed advice for you in terms of the options you have to challenge this, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
If you no longer continue to work there on the terms you currently work under (i.e. let;s say providing 4 classes and you instead provide 2) then technically your existing job with them no longer exists. So as mentioned they then have the opportunity to provide you with a suitable alternative option (e.g. it could be doing 2 classes a week on the terms they offer) or if no such offer is available and what you are offered you do not find suitable, you can push for redundancy instead. Hope this clarifies?
if you are an employee then you get paid holidays by law, that is not something they can avoid paying you for. If your existing job with the current employer will continue to exist after the transfer then they cannot change your hours, if they do then that would amount to a change to your contractual terms and you have certain protection against that. If you could please leave your positive rating for the responses so far then I can provide details f the rights you have on change of your contract.Thanks
Hi, the key he is whether they were contactually obliged to allow you to undertake these classes. If you did these classes there beforehand but the service had moved under TUPE, then your job there will no longer exist as it did before the transfer. So that is why it is technically a new job that you are left with at the existing employer, not the original one you did because it will no longer exist in the way it did before the transfer. So the options for the employer are to keep you, but on the terms that they want to keep you on, or to make you redundant
Sadly that is the case but do not just give up and negotiate if you can as they may not want to lose yo so they could better their offer