TUPE question

[kopper99]

Hi

I have searched the internet but not been able to find an answer to this question.

I am in the process of being tuped and have been told during consultation that all agreements will be transferred over to my new company apart from staff discounts. As I work for a retail company, this will be a loss to me.

Is there anything in Tupe law stating that staff discounts can also be transferred?

 

Thanks

[pompeyfaith]

are the staff discounts written into your employment contract ? If they are then yes they should be transfered too with tupe it is the contract that passes to the new employer

[pompeyfaith]

has your employer instructed an employment solicitor to act on your behalf?

[kopper99]

Thanks for your reply.

Yes my contract does state that I am entitled to staff discount. The only thing is that the contract is a few years old so the discount was showing as 25% but is now 40%.

No they have not instructed anyone to act on my behalf.

I've only had consultation my current HR and future employer's HR.

[Bigredbus]

Hi

I have searched the internet but not been able to find an answer to this question.

I am in the process of being tuped and have been told during consultation that all agreements will be transferred over to my new company apart from staff discounts. As I work for a retail company, this will be a loss to me.

Is there anything in Tupe law stating that staff discounts can also be transferred?

 

Thanks

 

Something you can do is ask your present employer to explain the reason(s) behind their statement.

 

And, check to see if the transferee (your new employer) offers such a scheme to their present employees...

[pompeyfaith]

This may help you if there is anything you are not sure about you can give them a call I used them a couple of years ago then the company I worked for was TUPE'd and found them very helpful.

 

Acas - Search

[BlissC]

They also have a wide range of publications and guidance on your rights at work, many of which are free (I'm a union rep and I've just sent for a load of their free publications).

 

TUPE is a very complicated area, but as far as I'm aware, under the TUPE regulations the terms and conditions you're being transferred to can't be any worse than the terms and conditions you're transferring from, so if you existing contract says you get a staff discount of X%, your new employer has to honour that commitment. That's if you're simply transferring on your existing contract though. If you sign a new contract with the new employer, it's as though you're a new employee with a new employer though, and any terms and conditions in the new contract are the terms and conditions you're agreeing to with the new employer. If the new employer's asking you to sign a new contract, or you're considering signing a new contract with the new employer, you need to get advice from a specialist in employment rights.

 

Where work some staff are in a similar position. My public sector employer's currently privatising some services, and we're negotiating TUPE arrangements for staff who are going to be affected. TUPE covers them if they're tranferring on their existing contracts, and the new employer has to stick to the terms and conditions in their existing contracts, but if they sign a new contract with the new employer they're at the mercy of the new employer (who's trying to 'bribe' some employees with incentives to sign one of their contracts, but what they don't realise unless they've sought advice for example, is that whereas their current contract specifies they can asked to work at any of the employer's locations within the local area, new contracts with the new employer have a similar clause, but as they're a national company, if they sign a new contract they could be asked to work anywhere in the country.

 

If you're considering signing/or being asked to sign a new contract with the new employer, seek advice before you do anything.

[pompeyfaith]

If the new employer's asking you to sign a new contract, or you're considering signing a new contract with the new employer, you need to get advice from a specialist in employment rights.

 

Exactly which is why I said about them putting an employment solicitor in place.

 

I had this problem where I live in Portsmouth and my employer paid the travelling costs to London.

 

When another contractor took over the government contract I was expected to pay those costs.

 

PF

[kopper99]

So in theory I may or may not be given a new contract with the new employer?

[pompeyfaith]

if you are asked to sign another contract it needs to be inspected by a professional in employment law to satisfy yourself that there are no major changes to the original and indeed it does not give the new employer scope to change it this should be paid for by your new employer PF

[pompeyfaith]

if you currently have a contract then yes it has to be transfered if the new employer wants to change it that has to be done with your agreement and that is why professional help must be got your current contract is protect under TUPE law

[BlissC]

So in theory I may or may not be given a new contract with the new employer?

 

It depends on the (new) employer. Where I work staff are transferring on their current contracts with TUPE protection, but some of our union branch officials have visited staff at another location, where the company that's going to be taking on some of our staff employ staff transferred from another local authority.

 

One of the company's "tricks" to get staff on the terms and conditions they want after the transfer is to offer incentives for them to sign one of their contracts, for example, a substantial pay rise if they sign one of the company's contracts. At the time of the transfer the old employer provided access to advice for those who weren't union members, which of course was to transfer on their current contract with TUPE protection. If, at a later date though, after the transfer they sign a new contract with the new employer though, they lose the protection of TUPE.

[kopper99]

Thanks

I have now found out that the new company does not offer Child Care Vouchers. So basically I will be losing out on approx £76 a month.

Do I have any rights on this? Can they compensate me by paying me an extra?

[pompeyfaith]

Kopper on view of what you have just said you really do need to seek professional legal advice.

 

PF