TUPE - changing to a zero hours contract?

jessovbhe

Hi, my mum has had the same job since 2001 and is contractually working 88 hours per 4 weeks. A new company have taken over the housekeeping department of the business, and are now saying she either has to go on a zero hours contract or be made redundant. She would lose her length of service payment that they get as a reward after so many years which of course is a lot at this point, and it would obviously be unstable work. They have also said she can move to competitor for 20 hours a week, but she knows people who work there and the exact same thing is happening since it is the same employer.

My question is, is it legal to change their contract like this, and if she doesnt accept will they be able to make her redundant without breaking the law? (Bearing in mind its a hotel so more cleaning staff will need to be hired to replace her, so I think it would be classed as unfair dismissal?). The high up staff also brag about the cars and houses and money they have and threaten and intimidate staff so are unreasonable to discuss it with properley. Thanks a lot for any help or advice

Comms69

No this would be clearly unfair dismissal.


(on the face of it, with facts as stated by you) obviously need more detail if anything were to actually happen

jessovbhe

Thank you. What other details do you mean for example?

Comms69

Jessovbhe wrote: »

Thank you. What other details do you mean for example?

Well at the minute it's just talk, nothing has actually happened.


Were they to make her redundant, then you would have specific details.

sangie595

Agree about the "more information" - not necessarily about unfair dismissal. There is nowhere near enough information to make that claim. The starting point is that TUPE protects the contractual terms at the point of transfer. If the employer were then to be able to construct a business case that says the current situation is unsustainable, then yes, they could make people redundant and employ people on zero hours contracts. I could do it easily. So there is nothing to say that the employer can't do it either. The devil as to whether it is fair, legally, or not, is in the detail, and since she doesn't have that detail, we can't possibly say that it's definitely unfair dismissal. But not "clearly" unfair dismissal. Might be. Might not be. If the employers are smart enough, won't be.