TUPE advice

[matt64]

Is it legal (within the rules of TUPE) to give notice to employees on the first day of their transfer?

The current proposal is to transfer in 13 employees and give them one months notice as gardening leave, surely this isn't in keeping with the spirit of TUPE? I'm not comfortable with the situation so any advice would be welcome.

Matt

 

[Kernowman]

How long have you worked for the employer?

 

[matt64]

5 months, I know I am entitled to 1 months notice but it does seem a bit shoddy to just ditch the employees at the first opportunity, surely TUPE was meant to stop this sort of practise?

 

[Kernowman]

It is grossly unfair I agree but as I understand it, the employer is allowed to do it. It has to fall under the specific title of either being a commercial decision (you are not required as part of their business plan) or your skills do not match their skills requirements.

TUPE only applies if your new employer tries to impose unfavourable contract terms on you, or they make substantial changes to your job, as in travelling many more miles into work each day, or like dramatically varying your working hours or shift patterns.

If you had been working for your last employer for 2 years or more then you could have made a redundancy claim.

 

[sjbeale]

With TUPE there is a legal requirement for both the current and future employer to consult in good time about the transfer to provide information about what is happening, answer queries and to give advance notice. If there is a failure to consult compensation can be claimed in an employment tribunal. Furthermore if your new employer makes you redundant and can not justify an economic, technological or organisational reason or if you are made redundant by your current employer as the transfer is taking place you can claim unfair dismissal in an ET.