Ask a Law Question, Get an Answer ASAP!
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. can you tell me was this a transfer under TUPE.
Hello was this a transfer under the TUPE or were you offered a redundancy package.
it was under TUPT to keep all same T and Cs , pay, annual leave, stat holidays etc
OK thank you for that please leave it with me. I am in a tribunal today so will prepare my advice during the day and get back to you this evening. There is no need to wait and you will receive an email when I have responded. Thank you
ok thank you.
Apologies for the slight delay, I experienced some temporary connection issues earlier on. All seems to be resolved now so I can continue with my advice.
The key is whether your old contract allowed for something like this to happen. When you transfer under TUPE you are effectively moving on to the new employer under the exact same terms and conditions which you had before the transfer. The new employer has a legal duty to keep those terms and not change them. There are very limited circumstances when changes can be made but these are unlikely to apply here. Therefore, if they are now doing things which go against your old contract, that can indeed be a breach of TUPE because they are not adhering to these old terms as they would be expected to under TUPE.
In terms of taking the matter forward you have the following options:
Hope this clarifies your position? If you could please let me know that would be great, thank you
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
Many thanks Ben,
Very helpful Sir.
you are welcome, all the best