Less than two years employment have rights under TUPE?

[caz_manc]

Does anyone with less than two years employment have rights under TUPE?

Basically, that is the question, the job is moving location and it is deemed I would have to move, but have been in the company for last than two years.

Do I have any rights at all?

[AdvocatusD]

You are confusing your TUPE rights with unfair dismissal rights. You will transfer regardless of length of service with your terms if they are more favourable.

I suspect your question really is, do you need the qualifying period of service to claim unfair dismissal connected to TUPE?

If so, the answer is yes, the normal qualifying period applies. However, there is no qualifying period for a claim for unfair dismissal for performing functions as an employee representative on a TUPE transfer.

[caz_manc]

AdvocatusD said:

However, there is no qualifying period for a claim for unfair dismissal for performing functions as an employee representative on a TUPE transfer.

Are you able to put this in plain English for me please?

Due to location change, I will not be able to follow my job. As this is a TUPE situation and although unfair dismissal is not available, is there another legal entity that does?

Thanks you for all comments, as this is a very tricky situation!

[anonymous-user]

caz_manc said:

As this is a TUPE situation and although unfair dismissal is not available, is there another legal entity that does?

How about putting that bit into plain (or, indeed, any kind of) English?

TUPE requires consultation of employee representatives. If someone is dismissed because of their actions as such a representative, they can claim unfair dismissal even if below the usual minimum period of service.

Otherwise, unfair dismissal protection following a TUPE transfer depends on qualifying service. Note that the two year qualification came in last April, so, if your employment started before then, you are qualified for protection after a year.

As noted above, TUPE operates to transfer the contract of employment from one employer to another, and that transfer will occur regardless of length of service.