Is a promotion a new job? Tupe ?

Bikerman2019

So lets say Mary works for a couple of years in a business called abcdublin ltd. Mary goes to college and increases here qualifications. Then her boss opens a new branch called abc2 ltd.


Mary is offered a promotion by her boss, to the new business with a 6 month trial.


In these circumstances, is Mary leaving her job? Would she be classed as a new starter or would tupe come into place.


I figure the devil will be in the detail.

_Brian

Different job in a different company.
I’d say she has broken her service for sure.

micar

The same company can open a new branch.....then it's continuous service.

If a new company is set up ......then it's a break in service

It's more likely the first over the second .....if not then is company 2 a competitor of company 1.

Bikerman2019

_Brian wrote: »

Different job in a different company.
I’d say she has broken her service for sure.

It is only an offer at present.



The base company is the first one where she is based. The boss tendered and got two more in the area. At present, the two new businesses are in crap and staff from the first company are being spread out among all three businesses.


This proposal for Mary, is a promotion in one of the new businesses. I am just thinking about pitfalls that may apply.

FishOnABike

I'd say it depends on the relationship between abcdublin ltd. and abc2 ltd. and the legal structure of both.

TheShow

If it’s all the same business then should be TUPE.
Different companies being set up for each branch is irrelevant, as they are all part of the same group. Should be no break in service.

Bikerman2019

micar wrote: »

The same company can open a new branch.....then it's continuous service.

If a new company is set up ......then it's a break in service

It's more likely the first over the second .....if not then is company 2 a competitor of company 1.

Trying to explain it without giving to much away.


For example. Lets say arnotts henry st is the company. Then they open Arnotts Grafton St ltd, then another called Arnotts Dundrum Ltd.


NOTHING to do with Arnotts, but you get the idea?

AmberGold

FishOnABike wrote: »

I'd say it depends on the relationship between abcdublin ltd. and abc2 ltd. and the legal structure of both.

I’ve seen this process (stunt !) used to get rid of staff in a large plc in Sandyford where I worked.

Give a promotion, present a new contract with a six month probation, back fill their old role & when the six month probation is up they fail for a myriad of reasons. All orchestrated with a performance improvement plan 3 months into the probation. Then they get the bullet after / before the 6 months.

In this instance where she is transferring over to the new business is there a precedent set for generous redundancy terms. If not what will she lose by moving?

Personally I wouldn’t be accepting a promotion with a probation period unless I could move back to my old role.

Bikerman2019

AmberGold wrote: »

I’ve seen this process (stunt !) used to get rid of staff in a large plc in Sandyford where I worked.

Give a promotion, present a new contract with a six month probation, back fill their old role & when the six month probation is up they fail for a myriad of reasons. All orchestrated with a performance improvement plan 3 months into the probation. Then they get the bullet after / before the 6 months.

In this instance where she is transferring over to the new business is there a precedent set for generous redundancy terms. If not what will she lose by moving?

Personally I wouldn’t be accepting a promotion with a probation period unless I could move back to my old role.

At the moment, Mary has her pick of jobs. The company she works for has no reason to crap on her, she keeps digging them out of the crap and assisting in the other services.