TUPE question

flightboy

Hi all,

Asking for a friend, he has worked at the same place for over 10 years and was TUPE across to a new company in Nov 2016 but now has been notified due to budget issues his hours will be cut by 2 hours a day

can they do this? do they have to give a set amount of notice?

thanks!

sangie595

Yes, they can do it. TUPE protects your terms at the point of transfer, but thereafter there are reasons that changes can be made. This is "economic"- there's not enough budget and is cut the hours or, I would presume, cut the job entirely. Whether it constitutes redundancy or something else I can't say on this amount of information. But yes, they can do it. They have done it.

If he agrees (and to be clear, he need do nothing other than continue working to make an agreement - to disagree he must say so) then no, they don't have to give notice. If he disagrees then yes, they would have to effectively give notice and dismiss him from his employment, and offer him the new terms and the "new job" . That may, if he refuses, constitute unfair dismissal, but it also may not. Impossible to speculate on so little information.