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Can I lose my job when my role changes due to a company takeover (TUPE)

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  • #1

    Can I lose my job when my role changes due to a company takeover (TUPE)

    Hi, I work for a firm who have just been acquired and I am transferring over as their employee under TUPE rules,

    The issue I have is that; my role at present doesn't require a driving license, however the new role will. I am in the process of completing driving requirements however fear that when this new firm finds out i cannot drive currently, they will terminate my employment instead of waiting until i can....

    Can anyone tell me where the law lands on this, do i have any kind of protection which allows me time to make the necessary changes to accommodate the new duties they are asking of me? or can they just buy the company, change my job and fire me if i cant perform it straight away?

    I am a mortgage adviser, so its not a driving job in itself however the firm now wants me to see clients in their homes as opposed to my role just now which is seeing clients in the office as they are changing the business model as such that no clients would be coming to the office

    Advice would be greatly appreciated.

    Cheers!!
    Tags: None
  • #2
    Re: Can I lose my job when my role changes due to a company takeover (TUPE)

    Hi How far down the line is your driver training?
    Might be best to "come clean" now rather that wait for the new employer to find out from another source.

    Comment

    • #3
      Re: Can I lose my job when my role changes due to a company takeover (TUPE)

      The new role starts in Jan and estimate ill be able to take my driving test mid Feb possibly into March

      Comment

      • #4
        Re: Can I lose my job when my role changes due to a company takeover (TUPE)

        Its nt just your role that is transferred to the new company its your contract of employment too. If your contract states nothing about the need to drive then your protected by TUPE and no matter how adamant the new company is about you needing to be able to drive, there can not dismiss you as it would be unfair dismissal and a breach of your contract, if your contract doesn't state anything about needing to drive etc. They also can not change the terms of your contract without your agreement under TUPE either!

        They could make your position redundant, or offer you an alternative position (which they'd have to do in redundancy procedure anyway) but they be on a thin line there too. Best thing the employer can do is wait for you to pass your test!
        Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

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