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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45306
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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My mother is employed by Morrisons and has been there approx

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My mother is employed by Morrisons and has been there approx 20 years, she works on the hygiene dept, Morrisons are planning to take on a contract company to do that job and mum was told last week there was to be a three month trial with that company at morrisons to see if that's the way forward. She has been advised today they are taking the contract company on and she either gets employed by the contract company or morrisons will terminate her contract, just out the blue like that. Are morrisons legally entitled to act in that way?
Submitted: 6 months ago.
Category: Employment Law
Expert:  Ben Jones replied 6 months ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Customer: replied 6 months ago.
My mother is employed by Morrisons and has been there approx 20 years, she works on the hygiene dept, Morrisons are planning to take on a contract company to do that job and mum was told last week there was to be a three month trial with that company at morrisons to see if that's the way forward.She has been advised today they are taking the contract company on and she either gets employed by the contract company or morrisons will terminate her contract, just out the blue like that. Are morrisons legally entitled to act in that way?
Expert:  Ben Jones replied 6 months ago.

Do you know if the employment terms will be the same as the contract she has with Morrisons?

Customer: replied 6 months ago.
Some of it will be but her pension won't be
Expert:  Ben Jones replied 6 months ago.

OK, thank you for your response. I will review the relevant information and laws and will get back to you in a short while. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message as it will just push your questions to the back of the queue and you may experience unnecessary delays. Thank you.

Customer: replied 6 months ago.
Thank you
Expert:  Ben Jones replied 6 months ago.

Thank you. This is a situation which is covered under a piece of legislation known as TUPE. It applies when a business takes over another one or when there is a service provision change. In this case a new service provider will take over the part of the business in which she works and TUPE would automatically apply. What happens in these circumstances is that those people employed under the services that are changing hands will automatically move over to the new service provider and they will retain their contractual terms and condition. Sadly pensions do not get included so they will not be protected, however the remaining contractual terms should remain the same. In effect all contractual terms should stay the same, it is just the employer that is changing.

The affected employees cannot be forced to move to the new employer but if they refuse to do so and opt out of the transfer then that would mean they are simply resigning. They cannot force the existing employer to keep them. Sometimes that employer can decide to keep some of their staff but that is entirely up to them and there is nothing she can do to force them to keep her because as far as the law is concerned she automatically transfers to the new employer. In effect her options are to transfer to the new employer or opt out of the transfer and if the existing employer does not wish to retain her – she would be resigning.

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

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45306
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 6 months ago.
Thank you very much that's very helpful indeed, much appreciated.RegardsLisa
Expert:  Ben Jones replied 6 months ago.

You are most welcome, all the best

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