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TUPE to newly created company within my current company


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Hi there

 

I am one of a number of employees that will be TUPEd into a new company that was created to 'hive off' part of the business and provide a specific function. The function is moving it's head office to a part of the country with low wages - cost cutting is the primary reason for these TUPEs and proposed redundancies.

 

There will be over 200 of us TUPEing and we have been already told that there will be redundancies as part of the process (as some of the roles have simply too many people assigned to them).

 

The process has been going on for some time and information has been trickling out at a fairly poor pace. Any information we have received has been of poor quality and some of the information has simply been incorrect. We dont even know where we might be based as yet.

 

Can anyone confirm the answers to a few questions, the above info (or about the process in general) please?

 

- If we choose to TUPE and do not like the roles that we TUPE into, do we have 30 days to try out the role and are we legally able to choose to take redundancy if we do not like the role.

 

- We are worried (collectively) about benefits received at our originating parts of the company and that these will disappear over time after TUPEing. Are company cars, pensions (and contributions), holiday entitlements protected? If moving to a new role within the new company, can we potentially lose them?

 

- We have heard that certain salaries within the same role type will be frozen to allow other salaries within the same job type to catch up. Is this legal? It amounts to an effective pay cut for some.

 

- We are also worried that in a lot of cases, the company is not replying to some requests for information and seems to be not too keen to put certain information down on paper. Should we be and are there any legal protection for employees on this?

 

Many thanks for your time.

 

GB

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Hello and welcome to CAG. I hope the guys will be along over the course of the day with advice for you. Not everyone here understands TUPE, myself included, but we have people who do.

 

You might also have a read of the ACAS website and ring their helpline for further information.

 

My best, HB

Illegitimi non carborundum

 

 

 

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- If we choose to TUPE and do not like the roles that we TUPE into, do we have 30 days to try out the role and are we legally able to choose to take redundancy if we do not like the role. No, you are thinking of the suitable alternative employment process. if you TUPE you TUPE unless an additional clause is negotiated.

- We are worried (collectively) about benefits received at our originating parts of the company and that these will disappear over time after TUPEing. Are company cars, pensions (and contributions), holiday entitlements protected? If moving to a new role within the new company, can we potentially lose them? It depends if they are contractual or not. Holidays and pensions usually are. Cars, not so much. They are also mot protected forever - contracts can be varied later.

- We have heard that certain salaries within the same role type will be frozen to allow other salaries within the same job type to catch up. Is this legal? It amounts to an effective pay cut for some. Yes.

 

- We are also worried that in a lot of cases, the company is not replying to some requests for information and seems to be not too keen to put certain information down on paper. Should we be and are there any legal protection for employees on this? There should be consultation. Is your union doing this? Why are you not asking your union these questions?

Many thanks for your time.

 

GB

 

in blue!

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Thanks for the reply..

 

1. So if you TUPE into a matched role, you cannot opt for redundancy - even if the 'matched' role is not what you had been doing previously?

If you are offered an alternative role, you can opt for redundancy, correct?

 

4. Unions.. I wish. Our part of the company (apparently) doesn't recognize the union that we could use - the communication workers union. I think there are about 2 out of 200 people that are - and these are in the parts of the business that do recognize the Union.

This basically means we have little-or-no good, unbiased advice.

...Which is why I am posting here! :)

 

Any other tips or advice appreciated about this process. Any gotchas we should be looking out for?

 

GB

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TUPE is designed to keep you in employment, not give you what you want.

 

so if the role is "fairly" similar, yes, they can (and in fact have to) put you in it.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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