Question is Joe is employed by the NHS as an Occupational Therapist (OT), working on Contract X for the Client – a local council. The Client has re-tendered the contract and Contractor Y (private company)has won the Contract. All staff working on contract X have been told they will move across to contractor Y under TUPE. Joe has been told that Contractor Y will not offer OT services to the Client, so his role is likely to be made redundant on transfer. Joe understands this and is happy enough as he will get a substantial redundancy payout on his NHS terms and conditions. Contractor Y has now said that this may be an option but if they can find a suitable alternative role that fits within his contract he will need to take this and will have a 4 month trial and if he doesn’t like it at the end he will need to resign.
Is this fair that he would need to resign if what they consider a suitable alternative is not in Joe’s opinion a suitable alternative?
What could they argue as a suitable alternative if he is employed on his contract as an OT and there will not be an OT role?
Separate question – Does contractor Y have to honour holiday arrangements made prior to TUPE.
Sarah Kempthorne
