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I was TUPE'd across around 4 years ago and have remained at the same work place since then. My employers are now asking me to call into work on a day that is not my usual working day. They are also altering my job description.Can they do this?
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Comments
Hi,
In short, no.
Everything you need to know about being TUPE'd can be found at: http://www.dti.gov.uk/employment/trade-union-rights/tupe/page16289.html
Hope this helps.
Stuart.
Stuart - November 8, 2007 9:40 AM
Legally both yes and no it depends on the EXACT wording in your employment contract, what changes to to your contract are being proposed and the reason for the changes.
The best thing for you to do is:
1. Do proper research on the issue yourself:
a. DTI link given by Stuart
b. alternative view
http://www.idea.gov.uk/idk/core/page.do?pageId=6908271#contents-8
c. This link has lot of links to tribunals etc.
http://www.personneltoday.com/articles/2006/12/01/36785/tupe-transfer-of-undertakings-protection-of-employment.html
2. Then consult an employment lawyer, or ask in your union if you belong to one for help from an official who is qualified to give you this information. (You will need to contact your regional office as normal union reps are not qualified to give advice in complicated matters of employment law.)
Ade - November 19, 2007 1:36 PM
With regard changing your job description the answer well may be yes. The reason why they are doing it is the real issue not the change it's self.. If they are changing it for any of the reasons that allows redundancies are allowed under TUPE then it may be allowed.
Unfortunately TUPE is a very complex piece of legislation so there is no simple answer.
Iain Young - November 26, 2007 7:38 AM
i am currently tupe'd from 5 years ago, the company has now said it is in financial difficulty, are changing our terms and conditions without consultation and making me redundant on the new terms (not my blue chip company terms) this is going to cost me about £10k, this is so unfair my union thinks this is illegal and will fight it.
Ian C - November 28, 2007 7:56 PM