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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 49850
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I work for imperial tobacco .. Out work is being outsourced..

Customer Question

I work for imperial tobacco .. Out work is being outsourced.. I would prefer redundancy.. Could imperial tobacco make me redundant and the new employer employ me on a new contract? This would be my choice .. Could this happen legally ?

Many thanks

Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones : Hello, my name is Ben and it is my pleasure to assist you with your question today.Can you please tell me how long have you been with your employer
JACUSTOMER-67z6bvjk- : I have been there for 16 years
JACUSTOMER-67z6bvjk- : Is this an option under the tupe agreement? I really hope so
JACUSTOMER-67z6bvjk- : Or should I say would the tupe rules not allow this
Ben Jones : 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.
JACUSTOMER-67z6bvjk- : Ok, thank you
Ben Jones :

Many thanks for your patience. Whether TUPE applies here would depend on the circumstances of the outsourcing. It could be that TUPE applies because of a sale of the business, or because a new contractor takes over the services provided by their current employer. Examples include:

  • Simple sale of a business where the owner changes (excludes a share sale of the business)
  • Contracting out of a specific service, where the employer engages a contractor to carry out specific activities they have carried out up to now (the opposite, contracting in, would also be covered)
  • Change of contractors - where the services move across from one contractor to another

So assuming that the same activities will continue to be carried out by the new employer then it is likely that TUPE will automatically apply and you will transfer to the new employer. Unfortunately you cannot then claim for redundancy and also continue working for the new employer – it is an automatic transfer where your employment transfers automatically and you are not made redundant but the new employer simply takes over the contract. So nothing should change apart from the employer’s name and your other terms should remain the same.

Hope this clarifies your position?

Ben Jones :

Hello, I see you have accessed and read my answer 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? I just need to know whether to close the question or not? Thanks

Expert:  Ben Jones replied 3 years ago.
Hello Wayne, could you please let me know if I have answered your original question or if you need me to clarify anything else for you in relation to this – this is needed so I can either keep the question open or close it if no further advice is required? Thank you