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TUPE is my new contract automatically void?
Comments
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Why would you say this? You must surely be aware that there is nothing at all legally correct in this advice? And that's assuming that TUPE even applies, which we don't know.
Google it.
Cases where employees were forced to sign new contracts, then took employer to tribunal/court for violating terms of original contract, employee wins.
The whole purpose of TUPE is to protect employees from OCD HR managers trying to impose new contracts and conditions on TUPE employees.Changing the world, one sarcastic comment at a time.0 -
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Yawn.
need 10 charactersOriginally Posted by shortcrust
"Contact the Ministry of Fairness....If sufficient evidence of unfairness is discovered you’ll get an apology, a permanent contract with backdated benefits, a ‘Let’s Make it Fair!’ tshirt and mug, and those guilty of unfairness will be sent on a Fairness Awareness course."0 -
In my experience ACAS are about as much use as a chocolate teapot0
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The new start date and notice period would be ignored by an employment tribunal, who would revert to your original start date and go by what the law states your notice period should be based on your original start date. Also any terms less favourable are protect.
Plus you entered the contract under duress, threat of loss of employment. So basically tribunal would honor your old contract where your new contract has less favourable terms. On top of terms that are already protected in law.
Tupe is law, tribunals do up hold it, so it a tiger with steel claws not a paper one.
Though I wouldn't do anything until such time they try to take advantage of the new start date or notice period. At that point, point out they can not, and that the law states they have to honor your old start dates and notice period regardless, unless they want their bottoms spanked and hefty bill from tribunal.0
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