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TUPE transfer - Can my old employer re-advertise my role (or very similar)

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  • TUPE transfer - Can my old employer re-advertise my role (or very similar)

    The company I worked for transferred 50% of it's IT staff to another company via TUPE last week. I have since seen the same role I used to hold re-advertised, just a slight name change.
    I was a Lead Service Analyst, and they advertised a Lead Technical Analyst. Same grade, same responsibilities. I know making employees redundant prevents them from re-advertising the same roles, but what about TUPE transfers?

    Anyone got any advice please?
    Tags: None

  • #2
    What was the reason for the TUPE transfer. Was it due to an outsourcing activity by your original company or a contract for services was lost by the company you worked for and won by the company you have been TUPE'd to?
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    • #3
      Due to outsourcing. The company I have been transferred to are taking over the majority of IT functions of my previous employer so they will no longer be in-house. We have been advised that by Q1 2021 the majority of our roles will be moved offshore. My previous employer did retain about 1/3 of their IT workforce though, so not everyone was transferred.

      Also, do you know whether old notice periods apply? I realise my continuous employment is protected for the purposes of redundancy, but technically I work for a new employer. Will notice period be reduced (I've only been transferred now for less than 2 weeks) or do my old notice periods apply?

      Comment


      • #4
        If TUPE has occurred as part of an outsourcing exercise then the staff that transferred should be in an ‘organised grouping of employees’ whose ‘principal purpose’ is to carry out work of a particular type, for which the new employer will now be performing under the outsourced contract. If your role meets that criteria then that would be covered under the regulations.

        If there are IT activities that your first company have retained then they can ensure they have the right skills in place to carry out that work.

        On TUPE you move across on the same terms and conditions as you had with the first company, the notice period that was in your contract of employment with that company will be the ones that apply.
        If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

        I do my best to provide good practical advice, however I do so without liability.
        If you have any doubts then do please seek professional legal advice.


        You can’t always stop the waves but you can learn to surf.

        You are braver than you believe, smarter than you think and stronger than you seem.



        If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

        Comment

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