Is This Right ?

adewolves

I'm asking this for a friend, and please bare with me and I hope it makes sense. My friend has been working for the YMCA for 4 years now on nights and her contract is for the hours of 9.00pm-03.00am. She was told this week that her contract is being moved over to another company who are going to take up these shifts and that they don't need anyone to work 9-3 anymore. They have 2 workers on in the evenings she leaves at 3 in the morning the other leaves at 8 in the morning. This new company say they no longer need the 9-3 shift only the 9-8. She can't do the 9-8 because of child commitments. The YMCA are saying she will have to sort this out with the new company and not with them. Surely this is wrong, surely they can't just transfer her contract over and then have it basically changed. If the post is no longer available (those hours) then surely this is a redundancy issue that the YMCA should be dealing with ? Thanks in advance for any advice.

sangie595

adewolves wrote: »

I'm asking this for a friend, and please bare with me and I hope it makes sense. My friend has been working for the YMCA for 4 years now on nights and her contract is for the hours of 9.00pm-03.00am. She was told this week that her contract is being moved over to another company who are going to take up these shifts and that they don't need anyone to work 9-3 anymore. They have 2 workers on in the evenings she leaves at 3 in the morning the other leaves at 8 in the morning. This new company say they no longer need the 9-3 shift only the 9-8. She can't do the 9-8 because of child commitments. The YMCA are saying she will have to sort this out with the new company and not with them. Surely this is wrong, surely they can't just transfer her contract over and then have it basically changed. If the post is no longer available (those hours) then surely this is a redundancy issue that the YMCA should be dealing with ? Thanks in advance for any advice.

It entirely depends on the agreements between YMCA and the organisation that is taking on the work. In law, both organisations are responsible for TUPE, but what that means is that a legal claim involving TUPE means that until liability is determined, both companies are responsible. So right now it could be either.

This would not necessarily be a redundancy. A change of working hours is not necessarily going to be considered redundancy, but a lot depends on her contract, and how the matter is handled. However, given it is only four years service, it would probably be more sensible to pay up that argue about it and risk a case that would cost more to defend.

I do agree that the YMCA cannot simply wash their hands of any discussion on this. They need to answer her questions, or get the new employer to do so. But there is little she can do if they don't. Not now, anyway.