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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50508
Experience:  Qualified Solicitor
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I have to tupe transfer a nurse who was, and is being paid

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I have to tupe transfer a nurse who was, and is being paid 23 pounds per hr, but she was given a promise by letter that on 1st dec her salary would increase to 30 pounds but her last day employed with current employer stops on the last day of november and her first day starts with us, how do we stand

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

Did you know about his promise when you negotiated the transfer?

Customer: replied 6 months ago.
No , I only found out when I met with the employee this week as the time line is tight, it's a practice that we're handing back to health board , but we have stepped in to run the surgery, she was given a letter 6 days before the gp's asked the Hb to take the practice over

It is an interesting situation and not a common one to be honest. However, under TUPE all the transferor’s rights, powers, duties and liabilities under or in connection with any contract shall be transferred to the transferee. What this means in basic terms is that all contractual liabilities the previous employer had in relation to this employee, would transfer over to the new employer.

The contract may not have yet changed to reflect the increase, but there was a formal contractually-bound promise to do this and had you not taken over the contract, the pay rise would have taken place. This is a contractual obligation on the previous employer and under TUPE you would take on these contractual obligations and be expected to implement them.

I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the actual legal position. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service I have provided regardless of the contents of the answer, I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 stars above. Thank you

Customer: replied 6 months ago.
Many thanks

you are welcome

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