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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47351
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have been in my current job for 3 years, from the end of

Resolved Question:

I have been in my current job for 3 years, from the end of May i started working for a new company.I still have no contract.From the 1st September i started at 8am instead of 9 as my job changed and i was doing more.It was on the understanding that i would do my best to get the job done and if not i would go back to 9.o.clock and do what i was originally doing.I went to talk to my boss on the 8th and said my stuff was not getting done on a Monday as there is extra to do.I said i either needed him to help on a Monday or i needed to come in half hour earlier bearing in mind the 2 people i work with were allowed to start at 7.30.If not i said i would have to go back to starting at 9.0.clock.I have now been told i'm to go back to 9am but still do the same work load as i was doing at 8am,i have been told if the job isn't done on time i will face disciplinary action.They know very well the job will not be done in that time.Do i have any rights?
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Just to clarify do you have two separate jobs and I so which one does this issue refer to?
Customer:

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.

Ben Jones :

Thanks, ***** ***** you informed if this was going to be a TUPE transfer?

Customer:

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.

Ben Jones :

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

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