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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48190
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Hi, I was TUPE'd to a new company on the 1st December, today

Resolved Question:

Hi, I was TUPE'd to a new company on the 1st December, today I have been told they have reviewed my role and as the new company has taken on parts of the tasks I was doing, they feel there is no longer a position for me. They have offered me a settlement and want me to finish today.
They have said that if I don't, they will take steps to make my position redundant anyway.
I thought my position was protected under TUPE, please can you advise:
1. If they can do this so soon after taking me on under TUPE,
and 2. If I should accept their offer and leave today.
Thanks
Debbie
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. How long is your service with the old employer? Please note I am in tribunal today so may not be able to respond fully until later today, thanks
Customer:

I was with the old company for only 8 months

Ben Jones :

Hi, thanks for your patience. You are correct that you have certain protection under TUPE, in a sense that the new employer has to take you on and continue your employment under the same terms and conditions as the old employer, but the bad news is that until you have at least 2 years’ continuous service you are not protected against unfair dismissal. This means that the old or new employers can dismiss you for more or less any reason, as long as it is not linked to discrimination, without you being able to challenge this. This is even in situations where TUPE applies. So it is possible for someone to transfer over to a new employer under TUPE, have the initial protection of the transfer and be taken on, but then be dismissed straight away because they are not needed and if they have less than 2 years’ service in total between both employers they would not be able to challenge this.

Therefore, if your employer is offering you a package to leave and they have advised you that if you refuse to accept this they will dismiss you anyway, then you may wish to consider taking that offer because they will be able to terminate your employment regardless of whether you accept it or not. It is of course up to you to decide whether you want to finish straight away or try to extend your stay there until they decide to terminate you anyway, but this is your legal position.

Hope this clarifies your position? If you could please let me know that would be great, thank you

Ben Jones :

Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks

Ben Jones :

Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? I just need to know whether to close the question or not? Thanks

Customer:

Hi Ben,

Customer:

Hi Ben, yes you have answered my question and can close the question. Thanks, Debbie

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