wow, must be so illegal

Author
Discussion

cirian75

Original Poster:

4,260 posts

233 months

Friday 10th July 2015
quotequote all
No names or specifics

So glad this is not me.

The company I work for has lost a contract with a customer.

The staff how are part of this contract are TUPE'ing over to the new company.


New company has told the staff "If you don't resign right now and re-apply for you job, you may not have a job in 6 months"

so far some have done exactly that, but not all.

anonymous-user

54 months

Sunday 12th July 2015
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Cool story bro!

Seriously, though, the employees affected by this could club together and take some legal advice, or fire up their union if they have one.

The last two governments have given many employers a lot of confidence to treat employees like st, and it wouldn't be a bad thing if such an employer got a slap every now and then. TUPE can still be an effective slapping tool.

NDA

21,574 posts

225 months

Sunday 12th July 2015
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TUPE seems to have some strange consequences. For example.... Rolex fire their advertising agency because the people are rubbish - they appoint a new agency and then have all the old rubbish people come across to the new agency under TUPE. A bit of a clunky example, but this type of thing is happening in the media industry.

anonymous-user

54 months

Sunday 12th July 2015
quotequote all
TUPE would not usually apply when a client of a professional service firm decides to take its business to another professional service firm, but some advertising agencies have link ups with clients in which a dedicated team of the agency's staff are assigned to work on one important account. This group of staff may form what is in effect a sort of department of the client's business. That is rather different from the situation of the jobbing agency doing a gig here and there for different clients.

NDA

21,574 posts

225 months

Sunday 12th July 2015
quotequote all
Breadvan72 said:
TUPE would not usually apply when a client of a professional service firm decides to take its business to another professional service firm, but some advertising agencies have link ups with clients in which a dedicated team of the agency's staff are assigned to work on one important account. This group of staff may form what is in effect a sort of department of the client's business. That is rather different from the situation of the jobbing agency doing a gig here and there for different clients.
I work in the advertising industry and it happens regularly.

anonymous-user

54 months

Sunday 12th July 2015
quotequote all
That is because of the particular way in which advertising firms arrange their relationships with clients, especially major ones. The business model tends not to be seen so much with other types of professional service firm.

cirian75

Original Poster:

4,260 posts

233 months

Friday 2nd October 2015
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update, its going to ACAS.

anonymous-user

54 months

Friday 2nd October 2015
quotequote all
ACAS is useless! Lawyer up. Do it collectively to save resources.

cirian75

Original Poster:

4,260 posts

233 months

Friday 2nd October 2015
quotequote all
Breadvan72 said:
ACAS is useless! Lawyer up. Do it collectively to save resources.
That was my suggestion, but the 2 fools who signed away their length of service are plainly weak, that is how they got conned in the 1st place, the others told the new company to get lost and they'll TUPE over as per the regs with length of service and T&C's intact.

anonymous-user

54 months

Friday 2nd October 2015
quotequote all
Some rights associated with TUPE can only be signed away on the basis of a Statutory Compromise Agreement with various bells and whistles attached, made after the employee had received insured advice. Other rights cannot be signed away at all. Continuity of employment is in any event not a right, strictly speaking, but a calculation.

cirian75

Original Poster:

4,260 posts

233 months

Friday 2nd October 2015
quotequote all
well I loose my contact at that place in two weeks (retires) so I doubt I will find out the outcome.

thank smeg I never worked there.

sorry I can't leak the companies involved names (one is big), but as I asked about this yesterday it would be pretty bloody obviously me who was the leak.

rgw2012

598 posts

143 months

Friday 2nd October 2015
quotequote all
cirian75 said:
That was my suggestion, but the 2 fools who signed away their length of service are plainly weak, that is how they got conned in the 1st place, the others told the new company to get lost and they'll TUPE over as per the regs with length of service and T&C's intact.
TUPE doesn't guarantee there'll be a job in the new company anyway. It just means that they transfer to the new company on their existing Ts&Cs but could be made redundant the day they arrive (so the redundancy liability rests with the new company and not the one they are transferring from)