My wife is a carer for an autistic boy. Her role is solely transporting him from his place of residence to his school, she is currently employed by the boy’s parents via a charity that provides funding, HR & Payroll services. The boy has moved to a nearby group home and my wife has been transporting him from there to school for the last couple of months, but still employed by the parents. The charity providing the funding have decided to transfer the transport of the boy to the group home, who will do so by Minibus with several other children. The group home has refused to TUPE my wife and has told the parents they need to give her notice.
Is this in any way legal??
It seems they should be taking her on via TUPE, then after a consultation period, they can make a driver redundant, but must evaluate all drivers in their employ via matrix criteria for redundancy.
This sounds like a potential issue about TUPE and/or redundancy, and requires investigation for us to advise. We’d need full details and to get your wife formally onboarded as a client in order to advise. Please email us at employment@Qlaw.co.uk with more information and any documents so we can confirm a fixed fee for the first stage of work. We look forward to helping you.
