return to work when old job is gone

[Growler463]

Hi,

I hope someone can help me understand this as I am very confused!!!

I work for a company and they currently have an account with someone which I work on. My company have recently been given three months notice that the contract will be terminated and another company will take on the contract.

I am due to go on maternity leave shortly and the changeover will happen whist I am off.

As far as I understand, I will be able to transfer to the new company on the same pay and conditions and they will pay my maternity pay until I return to work for them.

I would prefer not to TUPE over to the other company and would rather stay working for my current company but on a different account. But this will involve interviews etc which I may not be able to attend due to maternity issues. They have 'said' there will be a job for me when I return but there doesn't appear to be any guarantee of this.

I don't want to not TUPE to the new company only to be told on my return to the old company that there is no job when I would do that if that was the only option.

In conclusion, do my old company have to give me a new job even though they have lost the contract to the new company or if I don't TUPE over will I be considered to have resigned?

I think I've made this more complicated than it is!!! Hope someone can help....

[holidaysarenice]

Do you currently work for the NHS?

[LibrariesGaveUsP0wer]

I'm a bit lost but TUPE isn't optional. If you transfer, you transfer.

They can get around this if they want to keep you, but you can't stop it happening

[Growler463]

Hi holiday, no I don't work for the NHS. Private company.

So, Library, if they offer me another position, I'm OK but they aren't legally obliged to? I am considered as part of the account they are losing?

It seems weird to me as my understanding is that I was employed by them and they put me to work on an account. I chose to work for them as they are a good company to work for. I know I will get the same current terms and conditions but I have previously chosen not to work for the new company (not on TUPE) as a new recruit because I wasn't overly keen on them as a company to work for...

[caroldecker]

It very much depends on the job as to whether you are part of the account. - What do you do?

[LibrariesGaveUsP0wer]

It is very hard to say on the limited understanding anyone can get from a MN thread.

BUT

There are provisions under TUPE called service provision change clauses. If you are caught under those you automatically transfer to the company who won the contract.

Now, often that new company don't want you so they may get together and fudge it. Or your current company might be keen to keep you so redeploy you before the end of the contract.

But fundamentally, if TUPE applies you go with the contract. It's designed to protect people from redundancy.

[Growler463]

Hi guys,

Thanks for the info. I think I now have it clarified. My company would like to keep me, but they can only do this if a position becomes available. Under TUPE everything goes to the new company and my job is only guaranteed that way.

Hopefully, my bosses can find me something, otherwise I'll have to move.

Thanks again.