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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50161
Experience:  Qualified Employment Solicitor
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I need some advice about consultation practice - There are a

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I need some advice about consultation practice - There are a lot of changes going on within the company I work for and we have been told that part of the business is splitting off into it's own entity, however the renewals team I manage currently covers both parts of the business. The only thing I was asked back in May by my higher manager was who does what on our team ref the splitting of the specific business ( also called a tupe). So I advised who is responsible for each area, but ultimately we are a team so cover each other if we are out. I was then told carry on as normal nothing will change. However none of us have had any formal consultation from HR about the changes or the tupe. We have only been told by email that it will finally go through end of March, (in fact I only found that out through my team member forwarding on email that I wasn't copied in on) or how it will affect job roles and how it will affect reporting line.
A few months ago the lady in my team got a letter saying she will be transferred via Tupe to the other business neither of us got consulted on that formally by HR, and I only found out because she told me about the letter she received. Then on Saturday just gone, the same lady gets a letter saying her line manager has changed and that its no longer myself. - neither of us got consulted on that! Where do I stand on this, are they allowed to do this?

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

How long have you worked for this company?

Customer: replied 1 year ago.
almost 3 years ( 3 years as of 13th oct)
Customer: replied 1 year ago.
3 years as of he 13th October

OK thank you, ***** ***** it with me. I am in court for the remainder of today so will prepare my advice in a while and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Many thanks for your patience. When a TUPE transfer is set to take place the new and old employers have a duty to inform and consult with the affected employees.

The following information must be given to the appropriate representatives of the affected employees:

{C}· The fact of the transfer, the date (or proposed date) when it is to take place and the reasons for it.

{C}· The legal, economic and social implications of the transfer for the affected employees.

{C}· The measures which the employer envisages it will take in connection with the transfer in relation to "any affected employees" or, if no measures are to be taken, that fact.

The duty to consult and provide information is only a duty to provide the information to the appropriate representatives, not to the employees personally. These representatives would either be union reps, if you are members of a union, or if no unions are in place – they must be representatives elected for the purpose of receiving such information, they could be existing employees, even employees who transfer but must be elected and nominated as employee representatives.

This is your basic legal position. I have more detailed advice for you in terms of the rights you have should the employer fail to inform and consult, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.
Thanks, ***** ***** Tupe hasn't taken place yet and won't until March, however surely if there is a change in line manager between now and then both the employee and myself (affected line manager) should be consulted before hand and the reasons why there is a change?
Customer: replied 1 year ago.
Forgot to ask, if there is a tupe rep, then is it there responbilty to advise affected personnel?

It is probably too early to start consulting about a transfer in March. The change in line manager will be something which will need to be discussed as it arises so if your role changes as a result then you will need to be consulted prior to the changes but this is not part of the tupe consultaiton

Customer: replied 1 year ago.
The change in line manager has already happened as my team member got a letter on Saturday advising it had changed from myself to someone else, yet neither of us had been informed or consulted before hand so was quite a shock.....
Customer: replied 1 year ago.
The letter said it was affective from the 19th Sept. I still haven't been told that a member of my team is reporting to someone else, I found when my team member called me this morning about the letter she received Saturd at morning telling her of this

there is nothing specific in law about this such as whether it should happen, when it should happen and what form it should take. It is all considered good practice, that one should be informed in advance before contractual changes take place. So this is not really part of the TUPE changes and the formal consultation required for that - this is separate. Failure to consult over it will be a potential breach of trust by the employer and the affected parties can raise a grievance over it if needed - that would be the most appropriate rout to pursue

Customer: replied 1 year ago.
Thanks very much for your advice this has been very helpful.

you are welcome