Breach of Tupe, Zero contract 😭😭😭

[THEJONAS]

Hello good people. My employer had a contract with a certain client and i worked for that client for about 13 years. Four of us worked there, i worked there the longest 13 years and 1 guy less than 2 years.

Then the client decided to insource the work which we were doing and reduce the number of people to 3 workers. The client did put an advert for the same role we were doing nothing changed from the description of the role.

Our employer asked the four of us to apply for the job and we did and you guessed it 3 other guys were offered the job with less money as permanent staff and i was given the zero hour contract.

Before they offered me the zero hour contract i realised that all my colleagues were offered interviews and i was the only one who was not offered one. I sent an email to the client that we were supposed to be Tuped over and the client said this was not a Tupe situation because of the change in the working hours. I have only worked nights and they still have night shifts although there are no day shifts except for weekends they have both.

Eventually my employer asked me to work for another client which they had about 30mins away.

I have taken my case to Acas against the client on these grounds
1. Unfair dismissal
2. Breach of Tupe regulation
3. Failure to consult Tupe

And against my employer
1. Failure to consult Tupe

My question is do i have a case here?

[THEJONAS]

Help anyone

[ULA]

Hi THEJONAS I am sure you are aware that LegalBeagles is a volunteer community and as such those of us advising give up our personal time to assist. We appreciate this is an anxious time for you however not all of us with relevant expertise of the subject area your issue is about are always online but we do always appear at some point to advise and assist.

Insourcing whereby services carried out by a 3rd party are transferred back to in-house resources, once an existing external contract has ended will generally fall under the TUPE regulations (be advised this is a complex area of employment legislation). At the simplest level the new employer steps into the role of the old employer and it is as though the employee's contract of employment was always made with the new employer.

What you have not set out in your post are whether:

1. Your employer informed and consulted with you about the changes and if so how did they do this, directly with your or via appointed representatives, over what timescale in advance of the transfer, where you introduced to the new employer etc?
2. If there were changes or proposals for changes following the transfer, these are known as "measures" were you advised of / consulted on these i.e changes to working hours / shift patterns, reduction in number of staff that will be required and the possibility of redundancy?
3. Where you on a permanent contract with your old employer?
4. How were you informed of the termination of your contract and by which employer old or new?
5. After your contract was terminated, were you then offered a zero hours contract?

[THEJONAS]

1.The client said its not Tupe situation so there was no consultation from both the client and my employer.
2. Yes we were permanent
3. Old employer told us that we have lost the contract. So we can apply for the same job advertised by the client.
4. The client advertised the job and we applied, 3 of my colleagues got their jobs back with a new contract with less money. As for me i was given a zero hour contract by the new employer.
5.The old employer eventually got me a job somewhere else under my same contract of 13 years

[ULA]

Thank you for your answers.

My opinion but then I am not a solicitor is, that potentially this was a TUPE situation for which you should have been informed of and consulted on. A failure to inform and consult means that you have a potential claim to the ET who can award up to a maximum of 13 weeks' pay per affected employee. This liability may be a joint and several liability between the outgoing and incoming employers, therefore a claim against both companies, as you have done is probably best.

What have you detailed in terms of your claims for:
1. Breach of TUPE regulations
2. Unfair dismissal given that you remain employed at your original employer.

[THEJONAS]

Thank you for your answers.

My opinion but then I am not a solicitor is, that potentially this was a TUPE situation for which you should have been informed of and consulted on. A failure to inform and consult means that you have a potential claim to the ET who can award up to a maximum of 13 weeks' pay per affected employee. This liability may be a joint and several liability between the outgoing and incoming employers, therefore a claim against both companies, as you have done is probably best.

What have you detailed in terms of your claims for:
1. Breach of TUPE regulations
2. Unfair dismissal given that you remain employed at your original employer.

The unfair dismissal is against the new employer who gave me the zero hour contract..

[ULA]

Was there any break in your service with your original employer?

[THEJONAS]

Was there any break in your service with your original employer?

No because i didn't sign a new contract

[THEJONAS]

The unfair dismissal is against the new employer who gave me the zero hour contract..

But i stopped working for about 2 weeks during that time

[ULA]

Thank you for clarifying.

Are you still at the point of Early Conciliation (EC) or have you moved into the employment tribunal claim process?

[THEJONAS]

Thank you for clarifying.

Are you still at the point of Early Conciliation (EC) or have you moved into the employment tribunal claim process?

Still at Early Concilliation. You have any suggestions