I am looking for some free advice please.
I work for a small, local charity. Part of our work has gone out to Tender. The specifications in the Tender document are completely different to the present job, and the way we work. However, I have been informed that my job may be included in a TUPE arrangement.
Having actually read the Tender document though there is nothing in it that relates to my present role. The details of the way the work is to be carried out bears no resemblance to how we and I work now. My concern, therefore, is that, if TUPE’d my role and my Terms and Conditions will be immediately and completely changed and I would have to relocate to another base or bases.
I am currently contracted to work 0830 – 1600hrs Monday to Thursday, for example, but the requirements in the new spec’ are for 7 days a week availability – including evenings to include social events. Also, instead of working from a single office within reasonable walking distance from my home the new spec’ requires regular, multi-site working. This is a concern as I do not use a vehicle for work.
It is my opinion that my specific role is being made redundant but where do I stand with all of this please?
Thanks for getting in touch. We can absolutely help with your query, however, we aren’t allowed to give legal advice unless you’ve formally instructed us and agreed our terms. I’m sure you’ll understand – the value we add is in giving legal advice about your individual situation, that you can rely on. The general information given on our website isn’t legal advice, and I can’t give you advice in this email.
You raise several questions:
1. Whether your job will be transferred under TUPE – if your job is wholly or mainly in the part of the organisation that’s being put out to tender, then it’s possible your job will be part of what transfers automatically under TUPE. I can advise on this once I’ve got full details from you of the tender and your role.
2. Your queries about how your job might change seem to me to be things that should be covered in the information and consultation process that employers are obliged to conduct in relation to a TUPE transfer. You’ll find more information here – basically employers must always “inform” affected employees of a TUPE transfer and if the buyer/incoming contractor intends to take any “measures” then both employers must “consult” with all affected employees as well. Sometimes consultation can’t happen (or can’t fully happen) until after the transfer when the incoming employer is able to talk to employees.
3. Following on from the general question of whether your terms and conditions, place of work etc may change, any change to your terms and conditions connected with the TUPE transfer may be invalid, and/or may give you a claim, against one or both of the employers concerned. You’d transfer with all terms intact, including continuity of employment and hours of work. So, you may have a complaint if a change is imposed, and more so if it’s done without due consultation.
4. In terms of a potential redundancy, if you don’t want to transfer, you can reject the transfer – though I’d recommend that you take legal advice before doing so because there are risks involved. If you were made redundant, I would certainly recommend that you instruct us to advise you on your position and options, as you may have potential claims, or at least entitlement to certain payments in connection with a redundancy.
In order to advise, I’d need the names and addresses of both organisations, along with full details of the situation and all relevant documents (including your contract, the tender and all communications you’ve got about the tender and TUPE transfer). Once I’ve seen the volume I need to review, I can confirm a fixed fee to review everything and meet with you to discuss fully and advise on your position and options. Assuming that there isn’t a huge volume of documentation, I would expect a fixed fee for the first stage of work in a matter like yours to be between £500-£750 plus VAT, but can only confirm once I’ve seen the documents I need to review. If further work was required, additional fees would be charged.
If your employment ended up terminating with a settlement agreement, again, I can certainly help there – you have to get independent legal advice before signing a settlement agreement. There’s lots of information about settlement agreements on our website.
I hope this note is helpful at this stage and do get in touch if you’d like to instruct us. If you’d like to book an exploratory call to talk through your situation in more detail then you can book a time to chat and we’ll go from there.
(NB – our articles and any comments thereon do not represent legal advice and should not be taken as such. If you require legal advice about your particular case, please make contact with us).
