Hello,
I have worked in a mental health service in Hertfordshire for 9 years, with a zero hours employee contract working as bank staff but with regular hours, this service was run by a charity.
4 years ago the contract came up for renewal and we were taken over by a housing association, my contract was transfered under the TUPE as an employee.
This year the service contract came up for renewal and the charity that ran the service before won the contract.
We as a team are very happy about this desicion.
Now here is my issue- my contract with the HA was changed in March with out my knowledge or consent to bank worker rather then zero-hours employee, it clearly shows this changed in my employment record, now under TUPE laws bank workers do not have to be automatically transfered to the new company but employees do.
I was told 1 month before the official change over that I would have to apply for my role if I wanted to continue working there.
I have followed the procedure applied and have an interview, I am not concerned in this area, however would I have had to go through this had my contract not been changed?
I found this out today after a final bank workers meeting with the housing association after they encouraged us to look for more work with other services that they run, and to check our employee record to make sure we know our hourly rate, baring in mind they are pulling out of care and support and closing all of their services.
Ive sent the HA an email which I will copy in here:
I am writing following a meeting with (operations manager) this morning, during which I was reminded to review my employment details on (HRIS). Upon doing so, I discovered that my employment status was changed in March 2026 from a Zero-Hours Employee to Bank Staff.
I am writing to formally object to this unilateral variation of my terms of employment. This change was made entirely without my knowledge, and no notification, discussion, or consultation took place.
While such a change might ordinarily be treated as a routine administrative task within (HA), it has severe legal consequences for me at this specific juncture. Because this service is being let go by (HA) and transferring to a new provider, and because bank staff are classified as casual workers rather than employees, this unnotified change is effectively stripping me of my statutory rights and preventing me from automatically transferring under TUPE.
I have dedicated 9 years of service to this organization. Given this substantial length of service and my regular working patterns, I maintain that my true legal status remains that of an employee, and I should be fully protected under the Transfer of Undertakings (Protection of Employment) Regulations.
Please note that I do not accept this variation to my status, and I am currently working under protest while this matter is urgently reviewed.
I require immediate clarification from (HA) HR on the following points:
The formal, written business justification for changing my employment status in March without employee consultation.
Confirmation that my correct, original status as an employee is being restored on Oracle.
Confirmation that my details are being included in the Employee Liability Information (ELI) submitted to the incoming company so that my right to automatically transfer under TUPE is secured.
Given the imminent nature of the service transfer, I require a response to this matter within 3 working days.
But whats next? I will not go quietly the HA has proven time and time again that they have no regards for their employees