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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50138
Experience:  Qualified Employment Solicitor
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I WORK IN A PRINT ROOM IN THE CITY SAME FIRM

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I WORK IN A PRINT ROOM IN THE CITY FOR THE SAME FIRM FOR 37 YEARS. WE WERE TOLD THEY ARE GOING TO OUTSOURCE THE PRINT ROOM FROM APRIL, WITH ALMOST A MIRROR CONTRACT LASTING 5 YEARS. BUT CAN I NOT REFUSE TO SIGN BECAUSE MY EXISTING ONE IS POTENTIALLY ANOTHER 12 YEARS WHEN I RETIRE AND WORTH MUCH MORE? CAN THEY MAKE ME SIGN,CAN THEY LAY ME OFF AND CAN I SUE FOR POTENTIAL LOSS OF EARNINGS? THERE ARE 20 OF US IN THIS SITUATION.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. So you have a new employer taking over the part of the business for which you work? Also when you say it is for 5 years do you mean it is actually fixed for specific period of 5 years?

Customer:

Yes the outsource company Mitie will have a fixed five year contract.

Ben Jones :

ok let me get my response ready please

Customer:

For sure.

Ben Jones :

If TUPE applies to a transfer, those employees assigned to the transferring business will move to the new employer on their existing terms and conditions. Simply put, the new employer will 'step into the shoes' of their old employer and the employees should continue working for the new employer as if nothing had changed, apart from the name of their employer.

Even though the new employer is offering you a 5-year fixed term contract, it does not mean that they can just terminate your employment at the end of that period. The termination of a fixed term contract requires the same rules as the termination of any other permanent contract – a fair reason is needed and a fair procedure must be followed. So even if the contract is for 5 years, they cannot just end it at the end without showing there was a fir reason for doing so and that can happen at any time even if you were not on a fixed term contract. So legally it should not affect your rights.

If you were to reject the contract then it is deemed you had resigned and whilst you can try and make a claim for constructive dismissal, due to the factor mentioned above a tribunal may not necessarily agree that you did not have a choice but to resign and a claim can be risky.

I hope this clarifies your position? If you could please quickly let me know that would be great, as it is important for us to keep track of customer satisfaction. Thank you

Customer:

So can i ask my firm for an offer to buy my contract out with 37 years service and a potential 12 years remaining? How much are they likely to offer me?

Ben Jones :

it's quite unlikely they would do that, it is a lot of money for something they do not have to do under law, I have no seen that happen before to be honest - you have nothing to lose by asking them but I cannot say what they will offer, only they know that

Customer:

Thanks.

Ben Jones :

you are welcome

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