Thursday, 24 September 2015

Delay at your peril!

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I keep receiving phone calls from lovely people, who would have excellent claims at the Employment Tribunal, but for the fact they waited too long before they got in touch.  It is so frustrating to know you could have helped someone, but now their claim is “out of time”.

A very nice man contacted me today and said his employers had transferred his employment to a new company without any notice or consultation with him.  He received a letter saying his employment had been transferred “under TUPE” days after the event.  Management from the new company turned up on the site where he and his colleagues were working and announced they were his new employers!

I explained that the reference to TUPE was a reference to the Transfer of Undertakings (Protection of Employment) Regulations 2006.  I further explained that the regulations set out a number of obligations on both incoming and outgoing employers to consult with affected staff; obligations which had not been complied with.  Unfortunately, this gentleman was taking about events which happened in February.  He needed to have submitted his claim to the Employment Tribunal within three months, a deadline which expired at the end of May.

He was understandably disappointed.  He knew something was wrong at time but hadn’t got round to calling a solicitor.  When he saw that we provided free telephone advice he thought he would get in contact, but unfortunately he was too late. 

If you are having problems at work or something has happened which you know is just wrong, give me a call on 01522 539501.  Three months goes by very quickly and before you know it you could run out of time.


Sally Hubbard

Sally is a Lincolnshire girl through and through and has lived in Lincoln her whole life (apart from a brief spell when she went to university in Nottingham, but we don’t talk about that). She began her career with Lincolnshire County Council qualifying as a solicitor in 1996, which she believes now makes her "vintage".

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