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Hypothetical tupe question

5 replies

twonker · 07/08/2012 23:34

I work for a voluntary sector service provider. We sail very close to the wind and are continually being told we will be in breach of contract. I add here that the front line staff work vey hard but the management are light touch. I am now extremely concerned that despite trying very hard to make sure we meet all our targets, we will be in breach of contract and have our contract taken off us. If this is the case, do the front line staff get any rights to be tupe'd ? Tia

OP posts:
stowsettler · 08/08/2012 12:21

Hmm tricky. I'm not 100% confident on TUPEing but if your contract is subsequently given to another organisation who have sufficient staff already, my guess is that you don't have any direct rights. If they need extra staff to fulfil the contract, this may be another issue.

flowery · 08/08/2012 12:39

The reason for the transfer to a different provider makes no difference, and neither does the number of staff the different provider already has in place.

Here for more. There are a couple of exceptions but breach of contract by the original provider isn't one of them.

stowsettler · 08/08/2012 13:46

Would this still be the case as OP works in the voluntary sector? Must admit I read that as 'public sector', probably because I'm in Wales and 99.999999% of voluntary organisations are govt funded (ok slight exaggeration...)

flowery · 08/08/2012 14:06

Yes, voluntary sector is not exempt. Transfers within the public sector are but they have similar arrangements internally anyway.

twonker · 08/08/2012 21:33

Thanks. I'm going to read that link in the morning when my mind is a little fresher!

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