Transfer under TUPE and now a new contract? HR advice required please...

[flowertop]

Hi, is it possible for someones T&C's to be transferred under TUPE and then 6 or so months later they are given a brand new contract which contains a clause about being layed off temporarily until company acquires new business. Help would be appreciated.

Has your employer said what will happen to those who refuse the new contact?

Your employer can change your contract even with TUPE, but it cannot offer you worse terms. So if, for example they wanted to standardise everyone's holiday and you get 28 days, new employer (NE) gives 30 days they can change your holiday to 30 days. However, if the reason for the change is because of the transfer or is not "a reason connected with the transfer that is not an ?economic, technical or organisational reason?" then no, they should not.

For example, if the business is in trouble due to a lost order and they want to do temporary lay offs until a new order comes in that is allowed. If there has been no change to the number of orders and they just want to make your contract the same as all other employees that's not allowed.

More details here: www.direct.gov.uk/en/Employment/Employees/BusinessTransfersandtakeovers/DG_176391

What's the situation with your NE? Are they in financial trouble? Have they lost a big contract?

Hi KM yes that's it. The company has very little work and is saying under the new contract that they may have to lay-of temporarily f until additional work comes in. so that souunds ok.
thanks

Yes it does sound like it's allowed - you don't have to agree it but the alternative for the employer may be redundancies so it's a tough decision. Do check there's no other significant changes in there before you decide to sign or not.

Hope things pick up for them very soon.