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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50155
Experience:  Qualified Solicitor
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I work for a hotel, the hotel was leased out, no one was consulted

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I work for a hotel, the hotel was leased out, no one was consulted about the transfer, the new owners arrived with the operations director, and I was informed then.

I have had to take on extra duties, payrol and purchase ledger. They don't seem to understand the business needs of the hotel, and I seemed to have so much to sort out for them. They told the General Manager they would have to employ him as a waiter, and refer to me as the Receptionist, not the Accounts Manager as stated in my contract. They are very rude at times. I have tried to talk to them, but they say I am too sensitive, and like my titles.
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. can you tell me how long you have been with your employers please
Customer: replied 3 years ago.
I have worked in the hotel for 8 years, and the last employer for 3 years, after a tupe transfer
Ok thank you leave it with me I need to look up a few things and then get my advice ready.I will post back on here when done there is no need to wait and you will receive an email when I have responded.
Hi sorry for the delay, someone had locked your question for administrative reasons and I was unable to return to post to it.

It appears that this would have been another TUPE transfer because even though it was a property transaction, where someone takes over the lease of the premises, in the process they would have taken over the business as well and continued operating it, hence likely triggering the TUPE regulations.

You mentioned you have been through a TUPE transfer in the past so you may already know some of the rules/regulations that apply but I will explain these again just in case.

If TUPE applies to a transfer, those employees assigned to the transferring business will move to the new employer on their existing terms 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.

The above is the ideal outcome, although post-transfer difficulties may often arise. For example, the new employer may wish to try and change some of the incoming employees’ terms and conditions. However, under Regulation 4(4) of TUPE any such changes are automatically void, unless the employer can show they were in no way connected to the transfer or if they were necessary for an economic, technical or organisational reason (ETO reason) subject to employee agreement or the terms of the contract permitting the change.

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 a person'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 changes so harmonisation will rarely be used as a justifiable reason.

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, however you would need to resign first and then make a claim for constructive dismissal to do so.

I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
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