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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50202
Experience:  Qualified Employment Solicitor
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I have been a nurse past 31 years and have chosen to

Customer Question

I have been a nurse for the past 31 years and have chosen to remain within the NHS. The service in which I work has been outsourced to a non-NHS provider. I have been advised that I will have to TUPE, or look for an alternate post and that redundancy will not be an option. Are these enforced changes an enfridgement of my human rights.
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Which human right are you thinking of?
Customer: replied 2 years ago.
I'm not sure. I was hoping that there is a human right that protects my choice of who I work for
Expert:  Ben Jones replied 2 years ago.
I am afraid this has nothing to do with human rights in a legal sense of the term. You do have the basic choice to decide who you work for but there is also legislation which will override this and create a situation where you may not be able to continue exercising that choice. Whilst no one can force you to move to the new employer, you will have to consider that and if you do not wish to transfer then you can opt out of the transfer. However, that will amount to a resignation and your employment will terminate at the date the transfer takes place, without any entitlement to redundancy or other settlement. If you decide not to opt out then you will transfer to the new employer and they will have a duty to honour your existing terms and conditions. So in effect all that should change is the employer’s name and the terms and conditions you currently enjoy should transfer over. The choice really is yours, but you cannot force a situation where your current employer is required to keep you on – they can decide to do so if they wanted to, but they certainly cannot be forced to and legally you would be expected to transfer over to the new one, or to opt out and resign.
I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you
Expert:  Ben Jones replied 2 years 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.