Hi, any advice appreciated on this, please…
My mate was shunting for a manufacturing company with 3 other chaps on a three shift basis. The company he was shunting for decided to sub-out the shunting operation to a haulier, so my mate and his two other workmates were TUPE’d across. This all went pretty well for a few years (my mate realises he’s fairly lucky in this respect), the other two have now long since moved on so my mate’s the only original left. Now, other than one other chap, no-one else has stuck it more than a few weeks, so my mate and the other guy have done about 16mnths of 12hr shifts over the last couple of years to cover. Then the original employer decided they don’t need anyone for 4hrs of the day, so my mate has been on 8 hour days.
Now, to the crunch… The original company after a few weeks have decided they now need 3 shunter drivers again, (as there always had been before), but rather than offer the position to my mate, they’re advertising it in-house to their own employees.
Now personally i think this is a bit of a slap in the face for my mate, as he was originally with the manufacturing company, they TUPE’d him across as they subbed it out, now his original position has now opened-up again, and he’s not entitled to apply for it? Could anyone please shed any light on how he stands legally please, and if there’s anything he can do about this?
Thanks for reading! If you need anything clarifying (i don’t know why you would, it’s crystal clear to me 
) then please let me know, and i’ll ask my mate. Thanks!