Hello, my name is Ben and it is my pleasure to assist you with your question today. Do you have a specific question about this?
yes, how can I be redeployed in a job I have been doing since june 1st? We were in process of negotiation so no contract exists
OK, thank you, please leave this with me - I will look into this for you, get my response ready and get back to you on here. No need to wait around and you will get an email when I have responded, thank you
please reply to [email protected][email protected]
For Ben Jones , I am unable to see your answer, please resend
Hi I have re-sent my answer in case you had problems viewing it earlier.
Your rights will depend on a number of factors. First of all you mention that TUPE is likely to apply to your situation (you wrote 2B but I presume you mean TUPE). If TUPE applies to a transfer, then the transferring employees will move to the new employer on the same terms they were employed under just before the transfer. Simply put, the new employer will 'step into the shoes' of their old employer. This means the employees will preserve their continuous service with the employer and can expect to transfer their contractual terms and conditions over. So in a sense you are guaranteed to move over to the new job and keep your old terms and conditions.
If TUPE does not apply then you are looking at the usual redundancy laws that would apply in such situations. When a redundancy situation arises, an employer has a duty to consider and offer the affected employees any suitable alternative employment (“SAE”) that may exist at the time. The objective is to keep the employee in employment rather than make them redundant. If an employee accepts an offer of SAE, their employment will continue in the new position and they would lose their entitlement to a redundancy payment. So you can argue that he employer should be offering you this new job as SAE rather than making you redundant.