Changes to job description and contract after TUPE

[Andyls]

Hi,

Is it correct under TUPE protection, no changes can be made to a employees job description, contract or terms and conditions unless the employee agrees after a TUPE has already taken place. In effect all of the above are frozen unless I agree to any changes?

Thanks in advance

TUPE isn’t worth the paper it’s written on. Basically the company can do what they like if they can prove they have an economical, organisational or technical reason which of course any good lawyer can argue one of the above to favour the company.

TUPE essentially means they cannot make changes where the transfer is the only reason for the change. For example, following a TUPE transfer an employer may want to harmonise terms and conditions so that all employees are on the same contract. They can only do this if it improves the terms and conditions for those employees subject to TUPE.

Most employers make sure that job descriptions are not contractual. That means they can be changed at any time provided the changes are reasonable.

It is always the case that an employer cannot unilaterally change an employee's terms and conditions or contract, regardless of whether TUPE applies. If an employee does not agree, the employer can try to impose the new terms, but that could lead to a successful claim for constructive dismissal. Alternatively, the employer could dismiss the employee and re-hire them on the new terms, but that could lead to a successful claim for unfair dismissal.

That last is what is colloquially called "fire and rehire" (I know you know that, but for readers) and will be essentially illegal by autumn if the government's proposed Bill becomes law by gaining royal assent around then.