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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48168
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I AM EMPLOYED AS A CLEANER, EARLY MORNING, ABOUT 14 HOURS EACH

Resolved Question:

I AM EMPLOYED AS A CLEANER, EARLY MORNING, ABOUT 14 HOURS EACH WEEK: OVER 6 OR 7 DAYS. EMPLOYER IS COMMUNITY CENTRE, RUN BY MANAGEMENT COMMITTEE OF COUNCIL & USERS. FROM 1 MAY , A NEW CHARITY NOT LINKED TO THE COUNCIL STARTS RUNNING THE CENTRE. THEY SAY THEY WILL USE A CLEANING CONTRACTOR. WHAT ARE MY RIGHTS? ALAN SCUTT.
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long have you worked there for?
Customer: replied 2 years ago.

3years

Expert:  Ben Jones replied 2 years ago.
TUPE is a law which 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.
It serves to protect employees' rights if their employment changes hands. This could be because of a sale of the business, or because a new contractor takes over the services provided by their current employer. Examples include:
• Simple sale of a business where the owner changes (excludes a share sale of the business)
• Contracting out of a specific service, where the employer engages a contractor to carry out specific activities they have carried out up to now (the opposite, contracting in, would also be covered)
• Change of contractors - where the services move across from one contractor to another
In order to be protected, the first requirement is that the person needs to be an employee, which means self employed workers or agency staff will not be covered. They will then only be protected if they are permanently employed in the business (or part of it) that is being transferred.
Next, one has to determine if the person is ‘assigned’ to the organised grouping of employees transferring. As there is no definition of what ‘assigned’ means, whether the employee is assigned is essentially a factual question and needs to be determined by taking into account different factors, such as:
• The percentage of time spent working in the business being transferred
• The amount of value given to each part by the employer
• The job description and what the employee is contractually required to do
Finally, the business or service that transfers has to continue with the new employer. Therefore, any activities that are currently carried out must continue with the new employer after the transfer. If the business or services changes significantly after the transfer then TUPE protection would not apply. In the case of service changes the service has to be fundamentally and essentially the same before and after the transfer for TUPE to apply.
If TUPE applies to a transfer, those employees assigned to the transferring business will move to the new employer on their existing terms and 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.
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
Customer: replied 2 years ago.

thank you: iethey can't do it .alan

Expert:  Ben Jones replied 2 years ago.
most likely not but it is important to check that TUPE applies - in any event you should raise this with the employer and remind them that it is very likely top apply here and as a result you should be allowed to transfer to this new employer.
Expert:  Ben Jones replied 2 years ago.
If your original question has been answered I would be grateful if you could please quickly rate my answer - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you
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