Employment advice

ruthybaby_3

hi i work for a company that i will call (A) and i drive a lorry that is owned by a company i will called (B) . The company B is going to give the work away to a different company that has nothing to do with A OR B , My contract of employment is with company A , But company A is saying i will have to transfer with the lorry to the company that is going to take the work.
My question is , is this right what my employer is telling me as my contract is with him not company B or the company taking the work

Southend1

ruthybaby wrote: »

hi i work for a company that i will call (A) and i drive a lorry that is owned by a company i will called (B) . The company B is going to give the work away to a different company that has nothing to do with A OR B , My contract of employment is with company A , But company A is saying i will have to transfer with the lorry to the company that is going to take the work.
My question is , is this right what my employer is telling me as my contract is with him not company B or the company taking the work

Sounds right but you should be covered by TUPE. Are you a union member? Your rep will be able to advise and support you through the transfer

anamenottaken

Transfer of Undertakings (Protection of Employment) Regulations cover this.

ruthybaby_3

NONE OF THIS APPLIES TO ME
TUPE applies when an undertaking or part of it is transferred from one employer to another where:

all or part of a sole trader's business or partnership is sold or otherwise transferred
a company, or part of it, is bought or acquired by another (if the second company buys or acquires the assets and then runs the business rather than acquiring the shares only)
two companies cease to exist and combine to form a third
a contract to provide goods or services is transferred in circumstances which amount to the transfer of a business or undertaking to a new employer.
TUPE can apply regardless of the size of the transferred undertaking, ie from large organisations employing thousands of employees to small businesses like a village shop with one assistant.

Which transfers are not covered?
TUPE does not apply to:

transfers by share take-over because, when a company's shares are sold to new shareholders, there is no transfer of the business: the same company continues to be the employer
transfer of assets only (eg the sale of equipment alone wouldn't be covered but the sale of a going concern including equipment would be covered)
transfer of a contract to provide goods or services where this doesn't involve the transfer of a business or part of a business
transfers of undertakings situated outside the UK.

ruthybaby_3

I must point out company B is nothing to do with company A

Southend1

Hang on.... Are they saying you will still work for A but drive C's truck or that your employment will transfer to C?

If Transfer to C, I would think TUPE would apply. If you're staying with A then there has been no change other than the name on your truck.

Again, your union rep would be best placed to advise properly on this

Funky_Bold_Ribena

ruthybaby wrote: »

NONE OF THIS APPLIES TO ME
...
a contract to provide goods or services is transferred in circumstances which amount to the transfer of a business or undertaking to a new employer.

I'd say that this possibly does apply, as company C will be the people contracted to carry out the business, transferred from company A. Or perhaps company B.

hawk30

Sounds like a service provision change, which does come under TUPE.