Can you be forced to tupe

The new employer may want to bring all their staff onto the same terms and conditions to make management easier for them and harmonise the contracts so there is no ill feeling between workers on less favourable conditions.

But this is not a valid reason under TUPE for changing the terms and conditions in your contract of employment. The only way that your new employer can harmonise the terms and conditions of everyone in the business is to enhance them.

This can include an increase in annual leave for example. You should note that your new employer still has to get agreement for these changes even if they are positive changes. They will do this by either getting agreement from the employees or discussing with employee or Trade Union representatives. There are reasons why your new employer can change your terms and conditions after the TUPE transfer though.

In addition, your new employer can also make redundancies in the workforce because of ETO reasons, but they must follow the correct consultation periods and notice periods.

Also ask if we can deal with your case on a No Win, No Fee basis. This data will only be used by Simpson Millar in accordance with our Privacy Policy for processing your query and for no other purpose. Before the transfer, your employer is obliged to give you certain information about the transfer and why it is happening. If any changes are being proposed they will also have to consult with you and your colleagues via your elected representative.

During the consultation process the representative should receive written information from the employer that sets out the planned TUPE transfer. The number of representatives in a TUPE transfer will differ depending on the total number of employees affected. If you have transferred under TUPE regulations, you are protected from any change to your contract of employment that occurs because of the transfer.

If your new employer does breach this protection, the corresponding contract changes will be void. Changes to your contract of employment will only be valid if they are required for the running of the business.

The duty to inform and consult with affected employees and their representatives is of the utmost importance to ensure that employees are aware of changes to their employment. If your employer has failed to notify you of the TUPE transfer, you can bring a claim against them in the Employment Tribunal. Your employer may be forced to make redundancies because of the TUPE transfer.

If this does occur, your employer will be obliged to consult with all potentially affected employees and their employee representatives. If you are worried about redundancies stemming from a TUPE transfer, you should consult your employee representative and ask them to discuss these concerns with your employer.

Please contact us for further support and advice. Statutory payments are calculated using a fixed formula which looks at your age, length of service and how much you are paid. The first step in the redundancy process requires your employer to put you on notice of possible redundancies. Thereafter, your employer should identify any roles which are potentially redundant.

If there are a number of employees doing the same or a similar role, a selection pool should be drawn up.

The pool must relate to the type of work that requires a reduction in workforce. Your employer should then score the pool so the best employees in the pool can be identified. The methods used to score you could include matters such as skill set, performance, disciplinary record and length of service, but should not include any discriminatory matters like gender or absence caused by disability or pregnancy-related issues.

Once the pool is scored, your employer should enter into meaningful consultation with you about your possible redundancy and as part of this look at ways your redundancy could be avoided.

They may discuss voluntary redundancy and redundancy notice. Your employer should then consider any suggestions you have raised and take note of these points when deciding whether your role is to be made redundant.

Despite the fact redundancy is one of the specific categories of fair dismissal, this does not mean that it cannot be challenged by you if you feel the redundancy decision was unfair and a tribunal can find a dismissal by reason of redundancy was unfair.

As there are a number of substantive and procedural hurdles your employer must follow when making redundancies, employers sometimes find themselves having missed out a crucial part of the process or not properly consulting with employees.

The nature of some redundancies means that you may be offered an alternative role instead of losing your job and your employer should in a redundancy situation look at whether any alternative positions exist for you.

However, in terms of your acceptance of any alternative role offered, this depends on the job actually offered to you and any rejection you make of an alternative role must be reasonable. What this means is that the alternative employment offered to you must be suitable relative to your current job and skillsets. For example, an offer with a significant drop in salary would likely be reasonable for you to refuse although other factors would be relevant.

Getting legal advice as to whether an alternative job offer is reasonable is crucial as if you refuse a reasonable offer you will forego any right to any statutory redundancy pay due to you. If you refuse an unreasonable offer, your right to any statutory redundancy pay due to you continues. Bumping involves your position having been made redundant but you are transferred over into another position, with the current holder of that second position made redundant to allow you to fill it.

Nevertheless, a failure to consider bumping can render a redundancy unfair so it is something your employer should usually look into if you are told you are at risk of redundancy. The most common instances of bumping concerns employers looking to make a more senior employee redundant but retain those employees working under that senior employee.

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Business transfers, takeovers and TUPE.