advice needed please read(employee rights)

[nuttyworkingmum]

Hi,

I work as a carer for a client. The clients care package is managed by an agency, which is funded by the PCT /NHS
The PCT want to change agencies! therefore does anybody know our employment rights, I have read a little on TUPE regulations and from that understand that as I have a permanent contract with hours/pay stated they could not change it? Could they make me redundant? but then the client would still need carers.
Help, We are all really worried about changes and I would like to know my chances of keeping the job and the pay/hours the same?
Hope someone can shed some legal advice on this transfer of service of care provision.
Many many Thanks

Missed this one.

You will be subject to TUPE. So you will transfer to the new agency under same terms/conditions.

Doesn't mean they won't/can't make you redundant though.

Generally the way it will work is that all workers are TUPE'd accross to the new company then put at risk of redundancy on the first day with the new company.

Now as your in the new company now they'd have to put all staff doing the same job (inc the existing staff who didn't tupe) at risk then follow normal redundancy procedures.

Thanks so much for your reply, Could the new company make us redundant then employ new staff to do the same job but at a lower wage?

No. They can't just make your redundant and replace you.

If there is a valid business need (i.e. they're not making any money) then they can advise you that they are reducing salaries and offer you the new rate. If you refuse they can make you redundant.

You'll most likley not get a redundancy package in this case.

Its then up to you to go to tribunal. Then its down to how much the salary was reduced by and if there was a genuine business need to reduce costs etc.

As the care package is funded by the PCT/NHS I wonder whether they could use: If there is a valid business need (i.e. they're not making any money)

I guess I will have to wait and see what happens. thanks so much for your help.