Not really sure how TUPE would apply in this case. It only applies when an undertaking has been transferred from one employer to another. e.g. a company put a contract in place with cleaning company A to clean their offices. Cleaning company B then come along and say, "we can do that job for you but it'll be 20% cheaper." If cleaning company B wins that contract then the staff that worked for cleaning company A would 'TUPE' over to cleaning company B.
As for the OP if you have the opportunity to have your letter of re-appointment re-issued just make sure that it 100% states you will have your 12 years continuous service. Have you received other 'perks' that you only get after a period of service. ie. Does someone with 12 years service get more annual leave than someone with one years service? If that is the case and you can show that last year you were treated as someone with 12 years then it shouldn't be a problem.
Actually TUPE covers far more than the 2 examples I posted it explains what rights an employee has,maybe you havn't read it all.
As I said in my posting having gone specifically to an employment solicitor and having it pointed out bit by bit as well in great detail you would know what has to be included in a contract of employment to make it legally binding, and TUPE is only part of it to explain legal rights not the actual contract of employment. Having now a little knowledge there is no way would I sign a contract of employment before an employment solicitor gave it the once over as I can bet there would be flaws in it. In one section I have 6 x A4 pages alone on TUPE and thats just covering the basic guide.
Ok its mainly for employers admittedly but employees can gain a lot of knowledge on what an employer can and can't do about those working for the company.
Employment laws are vast, and so many different laws it is a minefield which any layman would struggle with.
My advise would always seek out an employment solicitor and let them handle everything.
TUPE is not for what you highlighted about one company taking 20% business from another so it seems to me you have not studied or understood it properly. let me see if i can make it plainer
Its about what happens if a company dismisses an employee improperly- transferring employees contracts-replacing employees at a lower rate-what rights an employee has from the employers view point -if a company ceases trading and so much more. i could go on about what financially an employee is entitled to relative to length of service to name but one thing it also covers as well as ACAS and when to approach them. In other word TUPE is about employees rights
What you are suggesting is so far from what TUPE is about I am suprised that the example was given. Staff are still employed by the same company and paid by that company. Transferring staff on a temporary basis has nothing to do with TUPE ,its an agreement between two companies regarding a working/payment arrangements and a contract between them. This is why I stated I would get an employment solicitor to go over a a contract of employment. If that contact of employment signed by both employee and employer states that the employee only works for that company and is not expected to be sub contracted to another company on any basis, than they can't be forced to work for , in your case company B. If they refused and got sacked that then would be unfair dismissal.
However if that exclusivity clause is not included it could mean that if the employee refused to work for company B then there would be a strong case for dismissal having been given the proper warnings beforehand and the employee would be hard pressed to claim compensation for unfair dismissal .
This is just one example why a contract of employment
should be examined by both employer and employees dedicated solicitor to protect both sides. Again employment law is very complex and not for the faint hearted without legal advise.
Over a good hour talking to a specialist employment solicitor and drawing up a legal contract of employment for my staff and all that it involves left my head spinning and
I still don't know all about employment law and wouldn't pretend I did.
What I was mainly interested in was, strange as it may seem, making sure that who I employ are protected and I complied with a proper contract of employment between us, which also would give protection should we sell the company. The staff we given a copy to study and raise points on any concerns before signing. That was the main reason for seeking legal advise. When we took over the company 20 years plus it was more or less a verbal agreement but nowadays things have tightened up so much a written contract of employment is mandatory or an employer can find themselves in serious deep water.
There was so much more as well but that is company confidentually which I definately won't go into on an open forum like this
Tom
you should have a proper contract of employment, I don't believe a letter of agreement is legal. If you don't have one then the company is breaking the law as far as I am aware, so you have a strong position to go to a tribuneral should the need arise
A contract of employment should include the company and companies owners and the company address- your name and address(date of birth?)- employment start date- holiday entitlements- hours worked- annual salary ( at start of employment and proposed increases possibly)- your position within that company- paid sickness before producing a medical report-any pension scheme offered or you have to contribute to- your rights of appeal incase of unfair dismissal and proceedures to name but some. You should also have included about continuous service even if broken Me thinks
If your letter doesn't include all/some/more then its not worth the paper its printed on
https://www.gov.uk/employment-contracts-and-conditions/written-statement-of-employment-particulars
May be of some help
