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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47902
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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My sister is employed by a company as an administrator along

Customer Question

My sister is employed by a company as an administrator along with other administrators sorting out engineers to deal with problems for their clients. She has been mainly working on one particular contract which her company has now lost. Her employers are now trying to TUPE her to the new company that has won the contract which also means travelling 13 miles away. Can this be right as she was employed as a general person not specifically for that contract.
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. How much of her time was devoted to this contract?
Customer: replied 2 years ago.
Probably quite a lot but would also assist in other peoples jobs a lot of the time but it hasn't been for all the years she has worked there.
Expert:  Ben Jones replied 2 years ago.
She will only have to transfer if she is considered to be ‘assigned’ to the part of the business, which is moving.
The issue is that determining if the person is ‘assigned’ to the organised grouping of employees transferring is a rather difficult task. 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
It means that only a tribunal or a court can decide with certainty whether someone was assigned and should have transferred. The fact that she was not specifically employed for that contract does not automatically mean she cannot transfer with it but this is just one of a number of factor which would be considered.
So she could challenge the employer over this but if they maintain that she should transfer then the only way for her to try and challenge it further is by making a claim in the employment tribunal.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Expert:  Ben Jones replied 2 years ago.
Hello, I see you have read my response 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? If your query has been dealt with please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. If you need further help please get back to me on here and I will assist as best as I can. Thank you.