TUPE Help - End of Two Year Protection

[DizzyN]

Hi all,

A query regarding my status surrounding TUPE which will come to an end in October.

I work for a mobile phone retailer and in October 2013, a franchise took over the store I work in. We were advised our contracts would be protected under TUPE for two years (including things such as unsociable hours pay - Sundays I receive £X more just for turning up to work). I have tried Googling the answer but what exactly will happen come October, when the two year protection period ends?

1) Will I HAVE to sign their contract? (I know for a fact they will want me off my old version and onto theirs as it's favourable towards them)

2) Can they tell me they no longer require my services? (a normal dismissal under the "Economic" changes part of T&C's being changed in TUPE?)

This is a weekend job that I've kept due to the favourable pay and a semi-decent work environment. I may not be around at all come October but have been unsure for a while and figured the experts on here would be able to guide me further.

Any help/advice would be much appreciated. As I said, did try Googling it but most sites are coming up with what TUPE is rather than what happens at the end of the protection period.

[c8bof]

I would suggest calling ACAS for advice. I was advised by our legal team that protection under TUPE is not time limited and continues indefinitely until such times both parties mutually agree to vary the T&Cs. Who told you that there was a 2 year period of protection?

[DizzyN]

c8bof said:

I would suggest calling ACAS for advice. I was advised by our legal team that protection under TUPE is not time limited and continues indefinitely until such times both parties mutually agree to vary the T&Cs. Who told you that there was a 2 year period of protection?

Great, I'll give them a buzz tomorrow.

Our previous employer informed us that the TUPE contract is a 2 year agreement, after which we would have to move over to the new employer's contract. My main concerns are a) Continuation of service (will be approaching 8 years in September) b) losing unsociable hours pay (£x per Sunday), as well as a "London weighting" premium c) being bound by their target structure (a lot more aggressive, with a shorter timeframe for being managed out).

[c8bof]

Your continuity of service shouldn't be affected but they may try to vary the other terms. They normally can't rely on the 'economic' reason make to make changes unless the organisation are cutting jobs. Is there a union involved? They would be worthwhile speaking to, if so.

[DizzyN]

c8bof said:

Your continuity of service shouldn't be affected but they may try to vary the other terms. They normally can't rely on the 'economic' reason make to make changes unless the organisation are cutting jobs. Is there a union involved? They would be worthwhile speaking to, if so.

Excellent, thank you.

Unfortunately, no union anymore. I believe the CWU were the "voice" for our retail sector but ever since going franchise we're pretty much just working for "someone" with little protection/benefits (including no HR) than previous.