TUPE help if you can please m

Drumstation · 10 April 2018 at 8:44PM

The business I work for is being taken over. I have found this out in advance by accident.

Nothing has been mentioned formally yet.

The business I work for has two branches.

I cover both of these branches. One branch is being taken over in full. The other branch is being broken down into profitable sections and those sections are being sold off individually I believe. The section I work for in this branch is not profitable and I am the only permanent member of staff. Everyone else is temporary. There really isn!!!8217;t anything to sell on. It!!!8217;s simply kept going to look good if that makes sense.

I know being TUPEd means they take me regardless but what!!!8217;s the position when I split my time between two branches? When I am not in the fully taken over branch another member of staff does the same job as me. Branch one (fully taken over branch) is my main office and I am paid expenses to travel to failing branch two if that helps?

Thanks for any help you can give. Would ACAS help here?

p00hsticks · 10 April 2018 at 10:34PM

Having been though TUPE a couple of times, I think the simplest way to work through the potential implications is to ignore the potential takeover and just consider what your existing company could legally do now with your existing employment contracts - so if it decided to close unprofitable branches, it presumably would either make people working in those redundant and/or find them alternative positions in other branches. And exactly the same could happen immediately after a TUPE transfer

Note that if the current company is being bought outright by the new one then TUPE may or may not apply depending on exactly how the purchase is structured (you may simply remain an employee of the existing company - it's just that its ownership has changed).

TUPE help if you can please m

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