No i am a kitchen assistant in a school, but we are employed by a separate company, the company i started with did not renew there contract, so another company took there place at the end of may.
Thanks, ***** ***** you informed if this was going to be a TUPE transfer?
The old company just told us even though they were leaving we would still keep our jobs and the times we were all working, and our wages were still going to be the same.But to clarify the 2 people i work with have contracts from the old company, i never did.But none of us have new contracts with the new company.
Ok, if the old company was sold and the new one took over their business then it is very likely that a law known as TUPE would apply.
TUPE applies when a business undertaking, or part of one, is transferred to a new employer or if there is a service provision change, such as a new service provider taking over an existing contract.
If TUPE applies to a transfer, those employees assigned to the transferring business will move to the new employer on their existing terms 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.
The above is the ideal outcome, although post-transfer difficulties may often arise. For example, the new employer may wish to try and change some of the incoming employees’ terms and conditions. However, under Regulation 4(4) of TUPE any such changes are automatically void, unless the employer can show they were in no way connected to the transfer or if they were necessary for an economic, technical or organisational reason (ETO reason) subject to employee agreement or the terms of the contract permitting the change.
Some employers may try and justify changes by arguing that they are needed due to harmonisation and therefore rely on an ETO reason. However, Government guidance and case law has restricted the application of harmonisation as a genuine reason to amend a person's terms of employment. Harmonisation will only be a valid reason if there is a change in the workforce and this must involve change in the numbers, or possibly functions, of the employees. In practice, relatively few contractual changes would involve such changes so harmonisation will rarely be used as a justifiable reason.
It is for the employer to prove that a proposed change is permissible under TUPE and if there are concerns that the changes cannot be made, this can be challenged by raising a formal grievance first and then considering making a claim in an employment tribunal.
Hope this clarifies your position? If you could please let me know that would be great, thank you