Work Permit transfer under TUPE

[lbfrancois]

Hi,

My employer advised me that my job is being TUPE'd in a few months. They also advised me that my work permit will expired when the job is transfered to the new employer.

My understanding about TUPE is that the new employer MUST take on my work permit, otherwise it could be categorized as unfair dismissal, am I correct to think that?

Also, does Home Office have a proccess for transferring Work Permits under TUPE arrangements? Or do I need to apply for a brand new work permit to be sponsored by the new company?

Thanks,
Luci.

[Sky_High]

Any contract, term or condition should not change under TUPE. If new employer refuses, you can take him to court. Send an email to UK BA and ask what do you or your new employer has to do? This might be change of employer's name.

[cindy74]

Your work permit should transfer to the new company, I was TUPE transferred 3 years ago and what my old company did was inform UKBA who then transferred it to the new one and I got a letter to confirm my work permit arrangement continue under the new employer. Your old company couldn't possibly just leave you without, afterall TUPE is a transfer of undertakings and protection of employment!!

Mind you this was the case under the old system, but I should think the same should apply under the point based system. I think UKBA gives the new company a number of months to register etc etc... please check that out.