TUPE Rules & Regs

Discussion in 'OT (OFF Topic) Forums' started by John N, Jun 12, 2018.

  1. John N

    John N Hardcore MB Enthusiast

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    Does anyone know a thing about the subject?

    The firm I work for has decided to make many people redundant, I have been placed in a TUPE Pool to be transferred over to a similar Company.

    All was going well, ie I still have a job and I am not ready to retire.:rolleyes:

    But after the cut off date for Voluntary Redundancy, the new Company has stated that my Hours of Work per week must increase in line with theirs and I will lose 3 Days Annual holiday.:eek:

    I don't think that is legal, but I can't investigate thoroughly on my Kindle Fire from Keffalonia :wallbash:

    Can anyone help?
     
  2. Dippo

    Dippo Hardcore MB Enthusiast

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    Transfer of undertakings (TUPE) | Acas advice and guidance | Acas

    When TUPE applies, the employees of the outgoing employer automatically become employees of the incoming employer at the point of transfer. They carry with them their continuous service from the outgoing employer, and should continue to enjoy the same terms and conditions of employment with the incoming employer.

    Following a transfer, employers often find they have employees with different terms and conditions working alongside each other and wish to change/harmonise terms and conditions. However, TUPE protects against change/harmonisation for an indefinite period if the sole or principal reason for the change is the transfer. Any such changes will be void.
     
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  3. OP
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    John N

    John N Hardcore MB Enthusiast

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    Thanks for that and the link to the Acas Advice,but my feeble Kindle won't cope with it!
     
  4. Swotty

    Swotty Hardcore MB Enthusiast

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    Internet caff?

    Stuart
     
  5. OP
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    John N

    John N Hardcore MB Enthusiast

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    I like your style Stuart, but I haven't seen one as yet, I'm in the back and beyond!
     
  6. grober

    grober MB Club Veteran

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  7. John

    John MB Club Veteran

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    As already stated - it's illegal if they are just lining everything up.

    They will probably impose this sht on you and then you simply make a claim to an employment tribunal under TUPE and open a large can of whoopass on them.

    Will go in your favour without question if of course they haven't reversed their preferred way forward.

    I'd certainly advise them of your intentions should they wish to go ahead.
     
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  8. Allan AMG

    Allan AMG Hardcore MB Enthusiast

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    I just accepted the loss and shaved my head but good luck all the same.
     
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  9. Scott_F

    Scott_F Hardcore MB Enthusiast

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    Whilst is important to understand your rights as an employee there are other factors to consider.

    You would be wise to avoid taking your new employer to a tribunal soon after TUPE has taken place since in the event of redundancies you would be likely to find yourself in the firing line. The fact that you have different T&Cs to existing staff members (and are therefore more expensive to employ) will make you even more vulnerable.
     
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  10. grober

    grober MB Club Veteran

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    As stated above altho you have right on your side realistically the odds may be against you sticking your head above the parapet. Putting it another way you may win the battle but lose the war. If you are doing this on a point of principle I would hesitate--- its a bit like restoring a car you have to weigh up the overall pros and cons. You might want to consider just what percentage of your remuneration package do the increased hours represent [ increase in hours is effectively a pay cut unless your pay goes up in accordance with extra hours worked? ] and what percentage of your existing holidays does 3 days represent?
    Your position could be strengthened and made safer if you could negotiate these matters with management together with other transferred staff in the same boat- the more individuals affected there are the more negotiating clout you might have? Citizens advice bureau [ CAB] may be able to help with free advice or a specialist employment lawyer which takes us back to the cost /benefit consideration.
     
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  11. BIG Sean

    BIG Sean Hardcore MB Enthusiast

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    be prepared for the Aberdeen/Falmouth(depending on your current location) appointment offer
     
  12. Londonscottish

    Londonscottish Hardcore MB Enthusiast

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    I was TUPE'd into a major organisation a few years ago and retained ALL my existing terms. This irritated some of my new colleagues but so what? It's the law.

    Things like a larger car allowance and the use of a fuel card for business and personal use. Handy when you're running a C43. Once a year the fleet manager would write to me write to me complaining about the fact that I was buying Optimax. Once a year I'd write back and ask him for the clause in my old contract saying I couldn't. He never did. Because, unlike at my new employer, there was no clause that prohibited premium fuel.

    Also, as the bonus structure was different. In my new role the max bonus was 10% whereas an in the previous role I'd been paid 30%. So two thirds of my bonus became basic pay. Ker-ching.

    As I understand it (or at least back then) they're not allowed to take anything off you.
     
    Last edited: Jun 13, 2018 at 12:42 PM
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  13. OP
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    John N

    John N Hardcore MB Enthusiast

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    Sean I have the upper hand regarding my location, I am currently the only person that can do my Job and my current Contract runs out in March 22, and that's when I want to retire:)
     
  14. DrFeelgood

    DrFeelgood MB Club Veteran

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    Based on this revelation I wouldn't give a toss.
     
  15. OP
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    John N

    John N Hardcore MB Enthusiast

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    In what respect?

    The donor firm gave us 28 Days Annual Holiday, accrued over time in Service, 3 of to cover Xmas and New Year.
    The new firm are cutting Holidays to 25 Days, with an offer to increase Salary, but 5 of those Days can be deducted for Xmas and New Year.

    Those are the Rules of TUPE they are attempting to erode, and that's before we have any121 meetings!
     
  16. DrFeelgood

    DrFeelgood MB Club Veteran

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    You are retiring in March, you don't even have a full year's holiday entitlement left.

    Just throw a 3 day sickie, what can they do, instigate disciplinary procedures?
     
  17. Dippo

    Dippo Hardcore MB Enthusiast

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    Now I'm confused.
     
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  18. OP
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    John N

    John N Hardcore MB Enthusiast

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    I was planning to retire March 2022,as my present contract comes to the end!
     
  19. OP
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    John N

    John N Hardcore MB Enthusiast

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    So am I,what are you confused about?
     
  20. DrFeelgood

    DrFeelgood MB Club Veteran

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    Got it.

    I read that you were retiring on march 22nd!
     

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