Good morning. When TUPE applies to a transfer, the new employer has a duty to automatically take over any affected employees and their continuity of service will be preserved. You have over 2 years’ service at present which means you are protected against unfair dismissal and if the new employer refuses to take you on then it will amount to a dismissal and they would need to justify it as being fair and also would need to follow a fair procedure.
As far as the fairness of a potential dismissal is concerned, it is unlikely that the employer can justify it being fair in the circumstances. The fraud conviction does not affect your ability to do the job. As you mentioned you are not working in an environment where trust is of a particular concern (such as the financial sector or handling cash). Historical convictions can rarely justify a dismissal unless it actually affects the person’s ability to perform their job or casts serious doubts over their fitness to do it or if there will be a serious effect on the company’s reputation if clients/customers were aware of it and it would affect their business.
I do not see any of these applying so if the new employer refuses to take you on then you would be able to consider a claim for unfair dismissal.
I hope this clarifies your position? If you could please quickly let me know that would be great, as it is important for us to keep track of customer satisfaction. Thank you
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