Ask a Law Question, Get an Answer ASAP!
Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. The affect of a TUPE transfer is that you transfer on the "same terms and conditions" with the same accrued employment rights. Changing your job title is a change of your employment terms. If they say you have to resign because you are not happy about your job title being changed, this could be a constructive dismissal. You would then have to make an employment claim to be compensated - you would have a claim for wrongful dismissal and unfair dismissal, and if they have not actually consulted on the TUPE transfer you would have a claim for up to 13 weeks pay for failure to consult. Ultimately you cannot force them to create the job for you on exactly the same terms, but if they do not they will be potentially liable for an employment claim by you.
Hi, Thank you. Have they given you any information on how the transfer will be affected in writing?
Hi, Thank you. If the transfer has already taken place it does not sound like they have consulted you properly. If you do not want to transfer, the alternative is you reject the transfer wait to be made redundant or you accept the transfer and then resign and claim constructive dismissal. Would you want the hassle of a tribunal claim? If you made a claim they probably would look to settle it with you?
Hi, Thank you. You can refuse to transfer, but if you refuse you will be left in a company that has no business and employees that will be made redundant. For that reason you are better of accepting the transfer and then possibly making a claim - at the PLC has substance and can pay any court order made against it?
Hi, Thank you. Do you have any non compete restrictions in your contract? It is not your current employer that is the issue, it will be the new one the PLC if you transfer.
Hi, Thank you. If you want to be excluded from the transfer you are entitled to reject it and remain with your current employer. If your current employers is liquidated - who would you make a claim against?
Hi, Thank you. From what you have told be it sounds like they are potentially in breach of regulations 4 and 15 of the Transfer of Under Protections of Employment Regulations 2006. You can only claim voluntary redundancy if it is offered. Are they prepared to negotiate with you?
Thank you. I wont close the question, but I would be most grateful if you could rate my answer in the mean time. Kind regards AJ
Hi, Thank you. No problem - I think the link should remain open, but I am happy to wait for whenever you are ready if that is not the case. I look forward to hearing from you. Kind regards AJ