URGENT help needed !
I am looking for advice regarding my employment situation and my rights under UK employment law.
Background
I have worked as a Facilities at a university for approximately six years. I am employed by an external agency that provides contracted services to the university.
My main role in Facilities rather than a dedicated security role. Although I hold an SIA licence, the licence is an additional requirement for aspects of my work rather than the main purpose of my position.
SIA Licence Issue and Suspension
In January 2024, I received a conviction for battery and was given a 12-month community order, which ended on 3 January 2025.
I did not notify the SIA at the time because I genuinely misunderstood the notification requirements. I accept that I should have checked the rules and taken responsibility for informing them.
During my SIA licence renewal process in 2026, the issue came to light. My licence application was affected, and my Licence Dispensation Notice (LDN) was subsequently cancelled.
My agency then suspended me without pay, stating that I could not perform licensable security duties without valid SIA authorisation.
I am engaging with the SIA process and seeking a positive outcome regarding my licence application/appeal.
Upcoming TUPE Transfer
I understand that the contracted services are due to transfer from the agency to the university at the beginning of December 2026 under TUPE (Transfer of Undertakings (Protection of Employment) Regulations).
I am concerned about whether I will transfer to the university while my SIA application or appeal is still ongoing and while I am suspended without pay.
Questions I Would Appreciate Advice On
Is my agency legally entitled to suspend me without pay in these circumstances, particularly when my main role is Facilities Assistant rather than a dedicated security officer?
Could the agency be required to consider alternative duties that do not involve licensable security work while my SIA issue is being resolved?
If I remain employed but suspended without pay when the TUPE transfer takes place, would I normally transfer to the university with the rest of the transferring workforce?
Could the incoming employer refuse to take me across, or could the transfer be affected because my SIA application or appeal is unresolved?
Would TUPE protect my existing employment terms and other contractual rights, and what would happen to any ongoing suspension?
Is there anything I should do now to protect my employment rights before the transfer?
I would particularly appreciate advice from anyone experienced in UK employment law, TUPE transfers involving contractors, or cases where an employee’s regulatory licence is pending or under appeal.
Thank you for any guidance.