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Ross Miller
Ross Miller,
Category: Law
Satisfied Customers: 756
Experience:  Director (Litigation and Mediation) at Hilltop Solutions
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TUPE Assistant: Where is this? It matters because laws vary

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TUPE
Assistant: Where is this? It matters because laws vary by location.
Customer: London
Assistant: What steps have been taken so far?
Customer: We are bidding to take a Nhs practice
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: the staff currently working there has been working under 2 years. Unfortunately they are being paid rates that makes running the place difficult.
Customer: replied 9 days ago.
The current level of staffing goes up the annual budget. The performance is not great either so we need to know if are obliged to pay same salaries or if it is possible to re structure everything in order for the staff to be paid according to their duties.
Customer: replied 9 days ago.
Also if they become a branch of another surgery. Do we need to keep the same roles? Clinical lead and practice manager should not be the same?

Hello my name is Ross and I can help

Can you give me a little bit of the background to this please. Are there any staff who have worked for longer than 2 years?

Customer: replied 9 days ago.
Just 1 person has been working longer than 2 years. The practice was taken by a private company who has been overpaying to the practice manager (60k) and lead gp (more 100k)

So is it your position that you have inherited staff who you cannot afford and are looking at how to fix this without breaching any laws would that be correct.

Customer: replied 9 days ago.
That is exactly it. we don’t know if redundancy is possible or change roles in order to adjust salaries.

Ok ill be honest I don't think I can "fix" this for you however, I am an employment lawyer so I can give you some advice and also some suggestions as to how to go about it.

 

 

Firstly, if you make someone redundant because of the TUPE then this is automatically unfair and the 2 year rule doesn't matter they will likely sue you. so avoid this. However, TUPE provides extra protection for employees but it does not leave you powerless to act. There are reasons you can dismiss staff who are part of the TUPE transfer and stay within the perimeters of the law. However, the reason I said I can't "fix" this for you is because this requires a full look at your business structure and legal advice on how you are going to implement these changes and then the process followed correctly to indemnify you of any potential legal action. A good lawyer will be able to nip this in the bud prior to any dismissal. Sadly, as with most things, employers have to walk on eggshells when dealing with something like this. The difficulty is that the TUPE provides extra protection, or on the flip side, and additional method to claim. I would be happy to do this for you via my company however, I have to offer my email address as an additional service (which I can do right here) as there are website rules. I would be happy to look through things for you before we actually engage as we offer a free consultation. Please let me know if you feel this would be of any use to you.

 

I would be obliged if you could Click to “accept” the answer and leave me a 5 star rating (this will not cost any extra). This will tell the website that I have responded to your question, you can, of course, continue to ask any follow up questions free of charge.

 

Kind regards

 

Ross

 

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