TUPE help needed please

[pollywoggle]

Can anyone give me a bit of advice please, We transfered from our local council under tupe last october, When the social care contract was awarded to a private agency. Unfortunatly we have heard to day that the contract for our area(there were 2 areas transfered)has been or is in the process of being with drawn and the work given to another provider.

What happens to the workers that transfered under tupe, unfortunatly for me I had the offer of another job which fell through, but had handed in my notice then had to withdraw it. so I know that if they tansfer again it will be without me, as my tupe agreement was broken because of my notice:???:

Thank you in advance i

[mariefab]

If the contract for your area transfers to another provider I would expect the employees working for that contract would be TUPE transferred again to the new provider.

 

You say that you handed in your notice but then withdrew it.

Did you remain at your current workplace working your notice during this period and are you still working there?

Because if your current employer accepted the withdrawal of your notice and there was no break in your employment with them you're in the same boat as the other employees. (It's as if your resignation never happened.)

[pollywoggle]

Hi thanks for your reply, I am still working there, how ever I have accepted a promotion so I know that my terms are gone. worried about my team members, and sad that they will probably move on, we have been together for a long time.

[mariefab]

Does your promotion mean that you are no longer working on the contract that's likely to be transferred?

Were you given a new contract of employment on your promotion?

 

A promotion doesn't necessarily means that your 'terms' are gone.

At the very least, as long as there wasn't a break in your employment of at least a week (during the period when you handed in then withdrew your notice) the length of your continuous service will be maintained from the date that you started your job with the local council.

This will be relevant to the notice period you would be entitled to or if there were to be future redundancies.

[pollywoggle]

sorry for not coming back sooner,

We transfered over in Oct, things were really bad, messed about on lots of issues by company, Then applied and got new job so gave my notice.

I had 2 weeks holiday left so worked 2 weeks and applied for holiday.

However new appointment turned out to be not was agreed at interview so decided not to take it.

Took time sheets in to office on monday and big boss collard me and told me she was working on a position that would be perfect for me and asked me if I'd be interested.

She then offered me double wages if I would help them out over the next couple of days, which I have done.

Now they are saying they have lost the social care contract for the north team and the council are putting it out to tender again and my team will be tupe'd again, big meeting tomorrow to find out.

I dont know if this new job will materialise, dont trust them now.

So I have worked two weeks notice and am supposedly on leave for the final 2 weeks, there has been no break in employment at all. do you think if I n officially ask them to withdraw my notice and they do, will that mean that I'm still on tupe terms, and I presume if they say no then I'm scuppered all ways

[green_and_mean]

Does your promotion mean that you are no longer working on the contract that's likely to be transferred?

Were you given a new contract of employment on your promotion?

 

A promotion doesn't necessarily means that your 'terms' are gone.

At the very least, as long as there wasn't a break in your employment of at least a week (during the period when you handed in then withdrew your notice) the length of your continuous service will be maintained from the date that you started your job with the local council.

This will be relevant to the notice period you would be entitled to or if there were to be future redundancies.

 

Promotion is a common ploy to get people off TUPE usually the new contract will be under the terms and conditions of the new service provider. I made the mistake of falling for that once and ended up seriously regretting it.