Tupe question

[Guest]

Good morning. My current employer is going through the tupe process. Having had a meeting last week with the new employer it has become apparent that they do not see me being able to carry out my current role as general manager with them as I don’t have the knowledge required with accounts/budgets. The have offered me a role as transaction manager which has a lower salary and ote. They did suggest I could elect to a settlement compromise. Can you please help with further advice. *
tag@ula

[ULA]

Firstly, have you asked your new employer why they cannot train you on accounts and budgets in order that you are given the skills that they require of someone in a general manager position?

Secondly under the The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) 4.9 “where a relevant transfer involves or would involve a substantial change in working conditions to the material detriment of a person whose contract of employment is or would be transferred, such an employee may treat the contract of employment as having been terminated, and the employee shall be treated for any purpose as having been dismissed by the employer.” *By offering you the position of Transaction Manager on a lower salary and ote then in my opinion this is potentially a substantial change to your working conditions which could be viewed as detrimental to you.

This latter point could explain why they have offered you the option to consider a Settlement Agreement (SA). The SA would set out the terms agreed between you and the new employer to end your employment, so things like any payments etc. However, it will also include a clearly expressed waiver of the specific claims which you would have to agree not to pursue in exchange for the agreed payment. So, for example you would not be able to bring an unfair dismissal claim.

Hope that helps give some more information but if you have any more questions then please come back to this thread.
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