Outsourced to another company - whats the story?

Hi there
Friend is being outsourced to another company under TUPE regulations. Can anyone advise me - if said person were to decide that they didn't want to move to the new company what happens?

i know that the TUPE regulations state that they move with their existing terms and conditions but I am wondering where they stand from a legal point of view if they decide they dont want to move.

Can they insist on staying in their current job with the current company?

What if the current job will no longer exist? Do they have to resign or will has the company to make them redundant and basically pay them off.

Thanks in advance

The sicky key post at the top of the page contains some useful links. Including this link from comhairle concerning [broken link removed] see also this thread and this thread and also this thread.

ajapale

That's great, Ajapale...thanks for those links.

The first link was particularly helpful, especially the paragraph headed "Dismissal". It states

"An employee may not be dismissed by reason of the transfer of an undertaking. Dismissals for "economic technical or organisational reasons entailing changes in the workforce" are, however, not prohibited."
In this case the new company (with the help of the TUPE'd staff) will do all/most of the work that the existing workforce is currently doing - - does this fall under the heading of being outsourced for "technical or organisational " reasons? And if so, would the company be within their rights to dismiss any member of the workforce that decided not to be TUPE'd to the new company?

The new company (with the help of the TUPE'd staff) will do pretty much all of the work that the existing workforce is currently doing - - does this fall under the heading of being outsourced for "technical or organisational " reasons as described in the citizens information link?

If so, would the company be within their rights to dismiss any member of the workforce that decided not to be TUPE'd to the new company?

tupe is tricky. It is negotiated with the parent company and agreements are drawn up. These cover situations where an employee may wish to remain within the company but if there is no suitable job for them then they can be made redundant.

noah