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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46743
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I currently work as an onsite engineer at the local hospital

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I currently work as an onsite engineer at the local hospital fixing and servicing the fleet of printers they have. I am employed by a company that has the contract to supply these printers and services. The contract for the supply of the printers, plus the repair and maintenance has come up for renewal and the hospital has awarded the new contact to another company. The new supplier will replace all the existing equipment with their own and supply their own engineers to repair and maintain these. I have spoken to my employer and they seem to think I will be protected under TUPE and transfer to the new supplier. I have no idea how TUPE will work in this situation and I am looking for advice.
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified solicitor and it is my pleasure to assist you with your question today.can you tell me has your company lost the contract and a new company appointed to take over the contract from your company please and is your company still trading please.
Customer: replied 1 year ago.
Hi Ben, yes the contract was for 4 year and then had to be retendered. they are still and will continue to trade.
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 delays.
Expert:  Ben Jones replied 1 year ago.
Many thanks for your patience. TUPE is a piece of legislation which exists 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:{C}· The percentage of time spent working in the business being transferred{C}· The amount of value given to each part by the employer{C}· 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 applied, then you would automatically transfer to the new employer and they must take you on with your existing terms and conditions. In effect, you will start working for them on your current terms and all that should change is the name of the employer. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. 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
Customer: replied 1 year ago.
Thank you for your response, my contract of employment states that my place of work is at the customers site and I work solely for this customer so 100% of my work is for this contract. The work, servicing, maintaining and repairing printers will be the same, albeit on a different manufacturers printers. The only difference in how the customer is served by the new contract, and that is, that the new company will be using mobile service engineers(up to 8 different engineers) and not as my employer does currently, in having 2 dedicated onsite engineers. So looking at this do you feel I would have a case under TUPE?
Expert:  Ben Jones replied 1 year ago.
yes there is indeed the potential for TUPE protection here, however if that means there will be more employees to do the specific job it may amount to redundancies. However, at this stage I suggest you approach both employers to remind them that there is likely to be TUPE application in this case. Hope this clarifies?
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46743
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you very much for your advice regarding this matter.
Expert:  Ben Jones replied 1 year ago.
You are welcome, all the best

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