TUPE (Transfer of Undertakings Protection of Employees) Company has lost contract

K

kermit

Guest
I work for a company (Company A). We had a large contract (with Company B) and now have lost it (to Company C). It majes about 68% of the company.

My company now says that my job has transfered to Company C. I was not employed to work exclusively on the contract, nor do I have any contract with Company B or Company C.

There are other people at my company who do the same work being retained to continue with the company.


Can my job be transfered to Company C without my consent. Should I be offered a choice of redundancy or transfer of my position?
 
Re: TUPE question

Hi Kermit,

Im afraid I dont understand your question very well.

Are companies A B and C totally independent of each other? Do you have a contract of employment with company A? Are you paid through company A's payroll (or perhaps you are paid as a contractor though comany A's AP?)
Is there a trade union or professional association that you can contact.

aj
 
Your contract cannot be transferred without your consent, you would have to be consulted about move.
 
Apologies if that is not clear!

I have been in my present position for 3.5 years. I am a permanent employee. We had a contract which has gone to another company. My company now says my job has transfered to the other company.

The contract we lost was not our only work.

Can my company tranfer me without my consent?
 
You should contact the DETE directly (see the link above) to be apprised of your statutory rights in this context. They are very helpful in my experience and will let you know what's what. This would be the quickest and easiest way to get clarification so that you can plan accordingly. Whether or not there are any non statutory contractual rights in this context will depend on your contract of employment etc.
 
Have you received a copy of new contract, does your old contract allows for transferrance to another company if your workload was lessened.

This practice is used sometimes in US, but never heard it happening here, keep us up to date with your findings, would be amazed it this was legal.
 
Just in case of any confusion - statutory employment rights cannot be abrogated by clauses in a contract of employment.
 
Hi Kermit,
I know how you feel..
My company now says that my job has transfered to Company C. I was not employed to work exclusively on the contract, nor do I have any contract with Company B or Company C.
Click to expand...
Your only possible claim to being retained by Company A is if the majority of your work is done outside of the contract being transferred. At this stage if your company then argued that there is not enough of your work with them to be a viable position then you maybe entitled to redundancy.

Does your Company want to retain you. I assume No...as we would not be having this discussion.
If the company that has employed you (Company A)does not want to retain you and your position goes & is covered under the Transfer of Undertakings, then yes you must transfer to the new company. Your only alternative is to not except their contract(Company B) and you would then be unemployed and have no comeback.

There are other people at my company who do the same work being retained to continue with the company.
Click to expand...
This you need to take this up with your current company as to why you are not being kept with Company A. Possibly, last in first out...many possible reasons.
Can my job be transfered to Company C without my consent. Should I be offered a choice of redundancy or transfer
Click to expand...
Yes, your only alternative is to not except their contract(Company B) but you do not receive redundancy as your job is transferring and you are not being made redundant.

If you do transfer your contract should be the same, well the terms and conditions should. But some areas get a little clouded. An easy example would be where your contract outlines the/your Disciplinary & Griviance procedures. My view is that these should transfer as these are in your contract, but the alternative view is that it is impracticable for the new employer to have different versions of a Disciplinary & Griviance procedure.
Contrary to Clubman's experience I found that when it comes to DETE & the transfer of undertakings they were useless.
I asked them for advice and all they kept doing was sending me a copy of the act verbatim.
Anymore questions just ask.
 
My understanding of the Transfer of Undertakings Leglistations is that it protects the rights of employees in the case of a business being sold or transferred to a new owner.

What is being described here is a redundancy situation and as such you have some statutory rights which have been described above.

I have come accross situtations where a company has actively placed redundant workers with suppliers, customers or other companies. This was done over and above their statutory reduandancy obligations and their commitments arising from agreements with trade unions.

ajapale
 
You must log in or register to reply here.
Back
Top