TUPE clarification

[socky1]

Hi,
Employer is outsourcing part the business to 3rd party and is looking to TUPE employee across. Its TUPE or nothing. Employer is looking to transfer employee at end of the outsourcing therefore job function/responsibilities will reduced up to this period. Once transfer happens then it looks more than likely than employee will moved to different site. I understand that with TUPE T&C's should be no less favourable than previous contract of employment but where does the boundary lie in relation to changes in job function/location. Can anyone recommend/pm employment solicitor or provide advice tks.

 

[csirl]

Once transfer happens then it looks more than likely than employee will moved to different site.

Will the employee be doing the same job functions for the original employer, just at the new site or will the original employer be contracting or hiring someone else to do these functions?

 

[MOB]

"I understand that with TUPE T&C's should be no less favourable than previous contract of employment but where does the boundary lie in relation to changes in job function/location."

This is commonly mis-perceived as being a guarantee of sorts that your terms and conditions can not be adversely altered. It is not true. The old employer had a right to re-organise, and this could have included materially worsening terms and conditions. Obviously, the old employer would had had to go through proper IR processes, but no employee is immune from change.

A better way of understanding TUPE is not to say that things can be no less favourable. Rather, it is the case that the mere fact of the employer changing can not of itself be in any way used against you.

Whatever rights you had, you still have. These rights do not generally include the guaranteed right to be permanently employed on your existing terms.

 

[Mpsox]

Your new employer does have the right to change some of your T&Cs if they cannot reasonably replicate them. 2 examples in my own career when I got TUPed from a bank to an outsourcing company. One was our entitlement to low interest loans, as our new employer was not a bank, they could not reasonably be expected to replicate these and this loss of benifit was bought out. Second one was pension when we had to transfer from our existing pension scheme to our new employers one which had different benifits