r/EmploymentLawUK

I'm transferring under TUPE from a private employer to a public sector employer. It's my first time and I want to have a bit more understanding on what is protected under TUPE.

My contract states that my working pattern is subject to agreement with my line manager.

For the last 10 months, I've had an agreed working arrangement. Since January, this has included attending the office twice a month which was reduced to once a month in May due to childcare arrangements. Before January with my previous project I worked remotely since September, and throughout the whole 9/10-month period I've had flexibility to take a later lunch break for the school run.

Following my first TUPE consultation, I'm formally raising this with HR so my current working arrangement is recorded before the transfer. I am also documenting evidence such as my rota showing my office attendance pattern; and messages from when my working arrangement was agreed and formalised.

My Line Manager and Project Lead have also both provided me with written confirmation through email of my agreed working arrangements, including that my office attendance was reduced to once a month and that I have an agreed late lunch break for the school run.

The incoming employer has a standard office attendance policy but has said individual circumstances will be considered on a case-by-case basis.

Does this sound like the type of established working arrangement that could transfer under TUPE, or is it more likely to be viewed as an operational arrangement that doesn't transfer?

Hi,
I’m hoping someone might be able to offer some advice regarding an employment contract.

My son, who is a young mechanic, recently signed a renewed employment contract without reading it thoroughly first, YES, a lesson he has certainly learned from. He has now qualified and has been offered an excellent new role elsewhere. However, upon reviewing his contract, we have discovered that it requires a three-month notice period.

My question is whether this is something that could realistically be challenged or negotiated without any financial Impact for him.

Fortunately, his new employer is willing to wait for him, but they would understandably prefer him to start sooner.

The relevant section of the contract is below:

Termination of employment
33.1 Your contract of employment may be ended by written notice as follows:
• Minimum notice required by employee is 3 months’ notice
• Minimum notice required by employer is 1 month notice
33.2 We reserve the right in our absolute discretion to pay you salary in lieu of notice.
33.2 33.3 Nothing in this Contract prevents us from terminating your employment summarily or otherwise in the event of any serious breach by you of the terms of your employment or in the event of any act or acts of gross misconduct by If you terminate your employment without giving or working the required period of notice you will have an amount equal to any additional cost covering
your duties during the notice period not worked deducted from any termination pay due to you. You will also forfeit any contractual accrued holiday pay due to you over and above your statutory holiday pay, if you fail to work the required notice.

I’d be grateful for any thoughts or experiences others may have had in similar situations.

Thank you.🙏

I work for a large UK employer and have been there for just over a year as a customer service advisor, taking inbound calls and managing claims.

Several months after starting, I developed severe symptoms that eventually affected my ability to work. Earlier this year I had surgery and was diagnosed with endometriosis and adenomyosis.
These are chronic conditions that cause me daily pain, nausea, fatigue, brain fog and other symptoms. My pain is now present throughout the month rather than just around my period.

Before my diagnosis, Occupational Health recommended that I work from home full-time, with regular reviews. My employer agreed, and I was also given additional personal break time as a reasonable adjustment.

Working from home doesn’t affect my performance or the business. My role is entirely phone and computer based, so there is no real difference between working from home and being in the office.

The role is very fast-paced, with calls automatically coming through as soon as I’m available. The only way to manage my symptoms is to step away from my desk using my personal break allowance.

Since my surgery, I’ve struggled with the telephone aspect of the job because speaking while I’m in severe pain or feeling nauseous can be extremely difficult. I’ve asked several times whether I could move into a more administrative role with less telephone work, but I’ve been told the business can’t support that adjustment.

What I find difficult is that I’ve seen colleagues moved into more administrative roles for personal reasons, which makes me wonder why this isn’t being considered as a reasonable adjustment for me.

Although my absence triggers have been adjusted because of my health, I’m now facing a formal absence review after having more disability-related absence. My manager has told me not to worry, but I can’t help feeling like I’m being pushed out because of my condition.

I’ve also been told that although I now have a confirmed diagnosis, no additional reasonable adjustments will be considered because they believe they’ve already been accommodating me.
More recently I reduced my contracted hours to help manage my condition, but this also reduced my salary. While it has helped slightly, I still can’t predict when my symptoms will flare up.

Because my symptoms have become worse since surgery, I often need more short breaks during the day than my current adjustment allows. My employer has now told me that any additional time needs to come out of my unpaid lunch break.
I’m starting to feel like I’m being managed out of my job because of my disability.

My questions are:
Under UK law, what rights do I have in this situation?
Does my employer have to consider additional reasonable adjustments now I have a confirmed diagnosis?
Can they refuse to consider alternative duties or a more administrative role if similar roles exist?
Is it reasonable for disability-related breaks to come out of my unpaid lunch break?
Is there anything I should do before my formal absence review?

I’d really appreciate any advice from anyone familiar with UK employment law or reasonable adjustments.

My company is trying to layoff people globally but they are aiming to go down the route of performance issues… I was unofficially and verbally told of an upcoming performance improvement plan coming my by a senior manager, She told me to expect this in 2-4 months time. Reasons given did not stack up right as there were no correct basis I could think of and sounded more like excuses… Ive never been told off by my performance in my 11 year service at the company ….. can companies give a heads up unofficially before Hr is involved and why the wait ??? What can I do. Dont want to loose my benefits……. Im not doing well mentally after this and my doctor has given me month+ of sick leave….. I don’t want to stay with them anymore and not interested to go through the pip
As is demeaning ……….. I have a-lot of evidence on what they say is wrong , is it advisable to get a solicitor and start a settlement talk with them ?