Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. How long did you work for the old company?I am just travelling so will not be able to respond immediately but will get my full response to you this afternoon, thanks
i have worked for the old company for twelve years,
i was a weighbridge opperater with a sia badge in security.the new company have now moved me to the gate house because the weighbridge has been closed down.and at the moment working five days a week.but i think shortly they will possibly try to put me on shift as i am a bit of a anomalee to there working pattern.and i would really feel very uncumftible doing this to say the least.as i have never worked shifts in my working life.
Hi there, if TUPE applies to a transfer, then the transferring employees will move to the new employer on the same terms they were employed under just before the transfer. Simply put, the new employer will 'step into the shoes' of their old employer. This means the employees will preserve their continuous service with the employer and can expect to transfer their contractual terms and conditions over.
The new employer may sometimes wish to try and change the transferring employees’ terms and conditions of employment. However, under Regulation 4(4) of TUPE any such changes are void, unless the employer can show they were in no way connected to the transfer or if they were required for an economic, technical or organisational reason (ETO reason).
Some employers may try and justify changes by arguing that they are needed due to harmonisation and therefore rely on an ETO reason. However, Government guidance and case law has restricted the application of harmonisation as a genuine reason to amend one’s terms of employment. Harmonisation will only be a valid reason if there is a change in the workforce and this must involve change in the numbers, or possibly functions, of the employees. In practice, relatively few contractual changes would involve such a change in the workforce so harmonisation is unlikely to be used as a justifiable reason.
If the changes are part of a wider reorganisation which has nothing to do with the transfer, then they may be effective. The longer the gap between the TUPE transfer and any reorganisation, the greater the chance that the causal connection will be broken. However, there is no specific period after which it is safe to say that the connection with the TUPE transfer has been broken, as the test is whether the change is connected to the transfer. The mere passing of time does not of itself break the connection.
It is for the employer to prove that a proposed change is permissible under TUPE and if there are concerns that the changes cannot be made, this can be challenged by raising a formal grievance first and then considering making a claim in an employment tribunal.
Please let me know if this has answered your query or if you need me to clarify anything else for you in relation to this?
my concerns are the change of work pattern from days to shift patterns including nights.which i would not be capeable of fullfilling.especially at my age,as i feel it could have a health sittuation at my late age.if trying to work this type of work pattern.
I understand and that will still be covered by what I wrote above - the employer is still trying to change your terms and conditions and they can only do so if they can shoe that this was needed for an economic technical or organisational reason. For example, if the whole business operates on shifts and that is the way they have always done and everyone else does and it is not possible to keep your existing pattern as a result, then they could try and introduce shifts
but it is for them to be able to show that this was a genuine reason for making such changes
Hello I am unclear as to whether you need anything else in relation to this?