Contract coming to end

[David28475]

Hi Alls
I work for a big company, who work with a national company
On the 31/3/21 I am being told the contract will not be renewed
I am apparently being seconded from the my employer to the national company

Now I apparently I have a choice sign a contract with the national company that is worse than my current T&Cs
Or be unemployed next year, I am wondering is this legal under the 2002 fix term employment act


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[ULA]

Are you currently on a fixed term contract with the big company you are working for?

If so when did that contract start and was the term of the contract due to end is that 31.3.21?

[David28475]

Apparently so, but I was never aware, of ether being seconded, when I was hired for the role, I only found out recently when this contract is coming to the end. Until that point, I was told I was being hired to be used for that company only, and my employer was only their for admin stuff such as pay and pension and national insurance. Also until recently, I was always under the impression, I would just be Tuped over to any new contractor like that has happened every time before. Also I have been doing the job for 7 years approximately.

[ULA]

Who is your employer according to your contract is it the big company?

Is this the company you have been employed with for the last 7 years or have you been TUPE'd in the past and ended up with this company currently.

Has the contract for supplying services to the national company been lost when it currently ends on 31.3.2021.

Are the services being taken back in-house by the national company?

Sorry for the further questions I am trying to understand in more detail your exact situation so that I can advise accordingly.*

[David28475]

Yes the Big company is my employer and is so according to them
No, I havê never been TUPED before, but others have, and it was considered normal.
This time you ether take a direct job with them, or substandard T&Cs, as well as a pay cut, or be unemployed from that date.
They have recently changed the T&Cs for all new employees to the company. This would not be an issue if it was the old T&Cs.
So Yes the contract is to be taken back in house, by the national company.
Yes the contract comes to an end on the 31/04/2021
Ask as many questions as you want, and can give you names of the companies in a PM, if you wish.

Also mate applied for the job, they will not discuss other T&Cs other than wage, and the Annualised hours we know about. The Annualised hours are not apparently considered part of T&Cs.

[ULA]

Given my understanding of what you have said, if the national company is taking back the services provided by the company you work for and you are part of the team that provides those services, then potentially this is a TUPE situation. If this was to be the case then the national company would have to TUPE across on existing terms and conditions of employment the staff who delivered those services via the company you are now employed with.

Hope that makes sense.

Has anyone asked why TUPE is not being considered as it would be interesting to understand the reasons why if it is not.

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[David28475]

yes, apperntly they say can't due to us being seconded, and we have to choose a pay cut or unemployment.

[ULA]

I know that TUPE is very complex but if your company has a contract with the national company to provide services on its behalf then if that contract for services is assigned to another company or the work is taken back in house then my understanding is that this is potentially covered by the TUPE regulations.*

I may not be understanding clearly the nature of the contract your company has with this national company. It may well be worth a call to ACAS on 0300 123 1100 who may be able to clarify the situation.*

By all means come back to this thread if you do have any further questions.*

[David28475]

The company I work for, have sent me a letter, saying the company says TUPE does not apply

[ULA]

That does not stop you from double checking with ACAS. Another thought, if you are in a union it would be worth speaking with them about the situation just to check that TUPE does not apply. As I said TUPE is a complex area,including the issue around contract for services and these moving to new contractors or in-house. Just want to make sure your company is correct in the assumption it does not apply.*

If we move on from TUPE, your initial post mentioned Fixed Term Employment Act, have you been at your current employer for 7 years on a series of fixed term contracts or have I misunderstood and you are in fact on a permanent contract with your employer but with this period of secondment to the national company.*

[David28475]

No just one fix term contract, as far as I am aware

[David28475]

UPDATE: given 28 days notice, as I am asking questions

[ULA]

sorry to hear that.

In which case it would be useful to know your exact contract status. If you have been employed for 7 years on a permanent contract and they have not gone through a disciplinary process to dismiss you then you may have a claim. Alternatively if you have been on a series of fixed term contracts, what are your contractual terms about termination prior to the end of the fixed term.
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[David28475]

As far as I can tell, it has just been one fixed term contract
And I do not know unfortunately, my terms of termination

[ULA]

Sorry I am not sure how you can have a fixed term contract for 7 years. Do you have a copy of your contract that you can anonymise and post up here please do I can take a look at it.

Also are both organisation public sector?*