Section11 of the TUPE 2006 Regulations .........Advice and help sought.

[Tigs]

I'm hoping that members may be in a position to help me with a TUPE query please.

1. I filed Grievance and Unacceptable Behaviour complaints against an NHS body which was being wound down before closure last March. A legacy team is currently in place as part of the closure.
2. I was made redundant in March. One of my complaints is in connection with the redundancy process.
3. On 1 April 2013, I started a new job with a brand new NHS body following a competitive selection process.
3. Now the legacy team from the previous NHS body is using the above Regulations to justify sending my outstanding complaints to my current employer.
4. My current employer and the management are all new and have nothing to do with my previous employer.
5. The management from my previous employer are currently employed by another NHS body which evolved from the previous NHS body which investigated my complaints.

Query
My query is that my previous employer has no justification for sending my complaints file to my new employer because I was never a transferee (from the previous employer to the new employer). I was made redundant and I found myself a new job and was never transferred across from my previous employer.

I'm arguing that, had I not been fortunate enough to get the job, or got a job outside the NHS, what would they have done? I'm extremely concerned that passing my personal information to my new employer about this matter when there is no legal obligation to do so is not be proper and constitutes an infringement of my rights.

I would welcome your views and opinion please.

[Eloise01]

Re: Section11 of the TUPE 2006 Regulations .........Advice and help sought.

Your service is continuous across the NHS, yes? In which case, legally speaking they are the same employer and not different employers, regardless of whether the job was transferred under TUPE transfer or you obtained it by your own devices. The same is true of a number of public bodies - in legal fact they operate as a single employing body even though there may be entirely seperate entities involved. Local authorities is another such example. Since your employment remains continuous, across associated employers, they have the legal right to pass employment records on.

What they might have done had circumstances been different is really not relevant to this matter because the circumstances are as they are. But had this not been an associated employer the employment records could not have been transferred, nor would there have been any need to.

[gravytrain]

Re: Section11 of the TUPE 2006 Regulations .........Advice and help sought.

So presumably any rights acquired due to the previous employment would be transferred also, extra holiday entitlements due to previous length of service etc?

[Tigs]

Re: Section11 of the TUPE 2006 Regulations .........Advice and help sought.

Thank you both for your comments and observations. I appreciate it.