Moving house when going through TUPE in near future

Hi all, I appreciate this may be a complicated area and I am seeking specialist advice later this week, however I'm worrying about it quite a lot so any info or advice would be much appreciated!

My OH and I are looking to sell our current property and buy a family home. OH has a ft permemant contact for work so no problems there, however I am due to be tuped to a new org on 1 April this year. As it stands my contact with my current employer ends on 31 March. The new employer will take over this contact on 1 April through a TUPE process. Currently I have two and half years of service.

Ideally we were hoping to put our flat on the market and buy our next house before April. Does anyone know if TUPE will affect this? I have a horrible feeling lenders will be wary of the fact my contact ends soon and not offer us anything!

Thanks in advance

Comments

  • Depending on the specifics, your circumstances might not match with some lenders' criteria, but a half-decent broker should have no problem placing you with a suitable mainstream lender.
  • getmore4less
    getmore4less Posts: 46,882
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    9 weeks to move is very optimistic when not on the market yet.
  • Thrugelmir
    Thrugelmir Posts: 89,546
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    For all intents and purposes your employment continues unaffected. The business , your employer, has changed. All other contractual terms remain in place.
  • As Thrugelmir states above TUPE protects your job, you are simply moving employer but not role. You salary and all other terms and conditions remain the same.

    The thing that I am slight confused about is that you say your contract ends 31 March and your new contract will start 1 April. If you are permanently employed your current contract just continues under a different employer, no need to stop one and start the other.

    Good luck with selling, purchasing and TUPE'ing you have a lot going on in a short space of time
    • Original mortgage end date: March 2041
    • Current mortgage end date: Dec 2032 (aiming for October 2025)
    • MFW 2024 #15 £446.24/ £2500 /// MFW 2023 #15 £8,617.84/ £10,000 /// 2022 #15 £7,315.24/ £7250 /// MFW 2021 #15 £8,530.07/ £8500
    • Daily interest is currently £4.44
  • getmore4less
    getmore4less Posts: 46,882
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    The terms of the contract are protected at the point of transfer.

    The old contract ends with P45 etc.
  • Thanks everyone for your advice which is reassuring. Re contracts ending, I work in the third sector and the roles have been extended from an initial two year contract,for a further three years, hence why current contract ends on 31 March. Originally we were 2.5 yrs fixed term contracts. We've been told we will sign new contracts with the new employer on 1 April, which will run for three years.

    Luckily we are in a good position for selling as we are in one of the few affordable areas of our city for first time buyers. Similar properties have sold within days so we're confident we'll be able to sell quickly.

    Thanks again all
  • getmore4less
    getmore4less Posts: 46,882
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    Check the new contract line by line to make sure you don't give up anything, you can't go back once agreed.
  • ethank
    ethank Posts: 2,197
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    TUPE stands for Transfer of Undertakings for Protection of Employment. Your contract does not end it transfers to the new employer and your length of service is protected. (I've 20 years of HR experience).

    I know in the Third Sector, they often like to link fixed terms contracts to the length of the contract for the service they have been commissioned for, however under UK law, once you have 2 years service you have the same rights as a permanent employee - and the right not to be unfairly dismissed.
  • Thrugelmir
    Thrugelmir Posts: 89,546
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    ethank wrote: »
    however under UK law, once you have 2 years service you have the same rights as a permanent employee - and the right not to be unfairly dismissed.

    4 years of fixed term and you are afforded full rights.
  • ethank
    ethank Posts: 2,197
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    Thrugelmir wrote: »
    4 years of fixed term and you are afforded full rights.

    That's actually not quite right. You have the right to a permanent contract after 4 years of consecutive FTCs (there are some caveats to this if an employer can demonstrate a reason for not doing so)

    However full employment rights are granted at 2 years and under The Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 - they are also granted to FTC holders who have similar 2 year service to a permanent worker.
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