We have an individual who TUPE’d across to us with protected employment rights.
Pre transfer, the individual worked for an organisation that had a custom and practice (no formal mention of this in any T’s and C’s, or any other documentation)of awarding employees of a certain grade with a 26 week notice period from the company in the event of redundancy for instance. This enhanced notice period was awarded once 10 years service had been completed.
The individual concerned did not clock up the requisite 10 years service until just recently and believes that the custom and practice of the previous organisation was transferred across under TUPE legislation.
I have two questions really
1. Aside from T’s and C’s which are clearly protected, do such custom and practice benefits transfer, despite the lack of any written correspondence on the matter ?
2. Can a claim be pursued now despite the fact that this individuals job is not under threat, ie no notice has been served. Or would the breach of contract actually have to take place before a claim would be considered by any civil court ? How would a court rectify the matter, when there is no obvious tangible loss ?