ISM column: hub restructuring employment advice

If you work for a music hub, you may be wondering whether the hubs restructuring process will affect you. Here are a few things to look out for:

Transfer of employment to another employer

• The Transfer of Undertakings (Protection of Employment) Regulations (often called the TUPE Regulations) apply if an employee or worker transfers from one employer to another, or when a service transfers to a new provider.
• Both the current and new employer must inform existing staff and consult if there are proposed changes to working practices.
• An employee's contractual terms and conditions will automatically transfer from the old employer to the new employer on the transfer date.
• After the date of transfer, contractual changes may occur. However, if the change is because of the transfer, then, in most cases, terms and conditions must be improved or changes must be due to an economic, technical or organisational reason involving a change in the workforce.

Redundancies

• A redundancy occurs if there is a reduction in the need for employees because an organisation is wholly or partly closing, needs fewer employees to carry out particular work, or is changing location.
• Employers must consult with staff collectively when there are more than 20 redundancies, and should consult with staff individually if there are fewer than 20.
• Employees who are made redundant and have worked for more than two years are entitled to redundancy pay.

Changes to contracts

• Changes to contract terms should not be imposed. Instead, they should always be discussed and agreed by both sides.
• If you do not agree to a change, it is important to take advice and spell out your concerns clearly. Putting up with a change without making your objections clear can result in the change taking effect even if this is not what you wanted to happen.
• Existing contracts are sometimes terminated and new, less favourable contracts offered (so called ‘fire and re-hire’).

These areas of law can be complicated and issues depend on employment status. If you are in doubt about your employment status, or the rights that you might have, then you should take legal advice. ISM members can contact the in-house legal team should they need any advice on changes to their situation due to the hubs restructuring process.

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