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Do you know if the employment terms will be the same as the contract she has with Morrisons?
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Thank you. This is a situation which is covered under a piece of legislation known as TUPE. It applies when a business takes over another one or when there is a service provision change. In this case a new service provider will take over the part of the business in which she works and TUPE would automatically apply. What happens in these circumstances is that those people employed under the services that are changing hands will automatically move over to the new service provider and they will retain their contractual terms and condition. Sadly pensions do not get included so they will not be protected, however the remaining contractual terms should remain the same. In effect all contractual terms should stay the same, it is just the employer that is changing.
The affected employees cannot be forced to move to the new employer but if they refuse to do so and opt out of the transfer then that would mean they are simply resigning. They cannot force the existing employer to keep them. Sometimes that employer can decide to keep some of their staff but that is entirely up to them and there is nothing she can do to force them to keep her because as far as the law is concerned she automatically transfers to the new employer. In effect her options are to transfer to the new employer or opt out of the transfer and if the existing employer does not wish to retain her – she would be resigning.
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