A question: the company I work for is mooting the idea of making all staff redundant and re-employing everyone on new contracts.
Is that strictly legal?
I guess that the new contract is going to have more advantages for the employer than the employee.
If anyone has any experience or expertise and could point me in the right direction of what questions to ask, I would be grateful...
Thanks.
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see link
http://www.cipd.co.uk/subjects/emplaw/tupe/tupe.htm?IsSrchRes=1
I think there is a time limit before you can employ a person to do that job.
Rules and reg's do change, so get legal advise....
It was a tertiary education college - can't believe it broke the law with all it's staff and no one noticed.
I thought that TUPE applied when the control of the company transferred to another person/persons - they then take over the holiday entitlements, employment rights etc etc that the employee is entitled to.
Our "meeting" is on 30th jan so I have good time to get some ideas together.
Thanks.
You should be able to find the info. you need.
Good luck....
If the company is re-structuring, and changing the nature of the jobs, then they can invite existing members of staff to apply, and make redundant those who don't apply, or are unsuccessful.
If the jobs remain the same, you cannot make someone redundant and then re-employ someone else.
It's a complex matter, and you should get proper advice, either from a employment law expert, from a trade union, or CAB (if you can find one).
they will help you