Or you worry about your employer`s business and the likelihood of layoffs. While rumours of dismissal are obviously worrying, whether they herald a significant drop in their business or rumours concede that they are in a serious financial difficult situation, you and your colleagues may start to worry, and rightly so, that your roles are no longer becoming redundant. Unfortunately, there may be very little you can do to improve your employer`s financial position, and this may feel helpless in the firing process. However, remember that there are still requirements on what your employer must do in such a dismissal situation under labor law, and you have certain rights when it comes to advice, alternatives to dismissals, notices of dismissal, and legal payment. If you do not wish to personally change your new employer, you can object by offering your dismissal to the outgoing employer. Their resignation should be submitted before a more effective report is made. After your dismissal, your employment relationship will end or the outgoing employer may choose to offer you another job at their company. However, if you object, you are not entitled to undue dismissal or severance pay, unless you object for certain reasons. So you should always think carefully before you object.
If you are offered an alternative job with your existing employer, you remain employed by them. You have a number of rights when you are threatened with dismissal: if an independent trade union has been recognised by the outgoing employer with regard to the transfer of workers, the recognition is also extended to the new employer. Since 2014, tariff conditions can be renegotiated after one year, provided that they are not generally less favourable to the worker. The TUPE rules preserve the general conditions of workers when an enterprise or part of an enterprise is transferred to a new employer. Any provision of an agreement (whether or not it is a contract of employment) is void to the extent that it would exclude or limit the rights granted under the rules. If you are an employee in Scotland, we can help you understand the TUPE transfer process by highlighting your TUPE rights and the obligations and obligations of your outgoing and new employer, in accordance with the TUPE rules. Our labour lawyers can also correspond with your employer to raise concerns about how the transmission of TUPE is carried out. In certain circumstances, it is not necessary to take into account changes to the contract resulting from new collective agreements agreed by the outgoing employer after a transfer. Workers therefore have the right to surrender to the new employer to their existing working and employment conditions and to all existing rights and obligations, although there are specific provisions on occupational retirement. It is important that workers are aware that they have the right to switch to the new employer to their existing working and employment conditions and all their existing work rights and obligations.
The idea behind TUPE is that the new employer follows in the footsteps of the old employer, so send them everything you have about your current staff, be totally transparent.