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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44944
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I work care company but the client that I am TUPE to

Customer Question

I work for a care company but the client that I am TUPE to look after moves into a care home. What happens to my TUPE agreement as the current provider will no longer be providing care and this has been put as an emergency so the employers haven't had time to give us proper notice and finally my first ever TUPE agreement was done with the client when he was my employer then changed to care providers to take of the pressure from himself put the contract has always remain the same. I don't know where my legal grounds are and who do I go to the current care providers or the original source the client
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Do you have a specific question about this?
Customer: replied 1 year ago.
Is my TUPE contract valid as the client that I care for is going in to a residential home on emergancy bases. Although my contract was originally with the client himself but he found it really hard to manage as he is paralized so he forwarded his contract to a care company. Now the care company are no longer his care providers and he is in a home what options do I have. As the care company that was providing his care have had their care revoked by the client so what happens to my employment as in my contract it states that I only work for this particular client and not contracted to work for anyone else
Customer: replied 1 year ago.
Awaiting your answer desperately
Expert:  Ben Jones replied 1 year ago.
Sorry my connection dropped earlier. How long have you been employed continuously in this job?
Customer: replied 1 year ago.
6years almost but he has changed care providers a few times in that
Expert:  Ben Jones replied 1 year ago.
Thank you for your response. I will review the relevant information and will get back to you as soon as possible. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Expert:  Ben Jones replied 1 year ago.
Many thanks for your patience. To be protected under TUPE, your employment must transfer to a new employer and the activities which you carried out before the transfer must continue after it. So for example, if you were employed by a care company to look after a person but another care company took over the original one, then you would transfer under TUPE. However, in this case it does not appear that there is a TUPE transfer. You were looking after a specific individual and they have moved into a home. Your employment has not been taken over or transferred to anyone new. What should happen is the care company should try and find you a new position, looking after someone new. If that is not possible and there is nothing else available for you to do, they could potentially consider going down the redundancy route because your job is no longer available and they do not need your services anymore. However, as mentioned, before they start considering going down that route they should try and find you other work to do if available to try and avoid the need to terminate your employment.
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 1 year 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.
Expert:  Ben Jones replied 1 year ago.
Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

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