Contract of Employment & TUPE question
Discussion
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I was employed by Company A for 20+ years until about 5 years ago. My department was outsourced to Company B and under TUPE rules, I was transferred to Company B. TUPE rules obviously meant all my T&Cs were moved across so I have been effectively on Company A T&Cs for that time. Now to the present, Company B has lost the contract and I will again be moving under TUPE rules to Company C in a couple of months. During a recent meeting with Company B's HR rep, seems that since moving to B, they did not get a copy of my contract of employment from A; therefore will not be able to pass this onto Company C.
How much of problem is this? On the basis all the basics will be passed across (Salary, holiday entitlement, years service, pension allowance etc etc), is this really a big issue? I need to make sure the redundancy terms are included because my current T&Cs are favourable, but beyond that, should I be worried?
I am going to contact the union to get some guidance from them.
I was employed by Company A for 20+ years until about 5 years ago. My department was outsourced to Company B and under TUPE rules, I was transferred to Company B. TUPE rules obviously meant all my T&Cs were moved across so I have been effectively on Company A T&Cs for that time. Now to the present, Company B has lost the contract and I will again be moving under TUPE rules to Company C in a couple of months. During a recent meeting with Company B's HR rep, seems that since moving to B, they did not get a copy of my contract of employment from A; therefore will not be able to pass this onto Company C.
How much of problem is this? On the basis all the basics will be passed across (Salary, holiday entitlement, years service, pension allowance etc etc), is this really a big issue? I need to make sure the redundancy terms are included because my current T&Cs are favourable, but beyond that, should I be worried?
I am going to contact the union to get some guidance from them.
Yes would agree, but I don't have a copy of my contract. Don't actually recall seeing one since I joined Company A 25+ years ago.
I have had a reply from the Union. We will get a Statement of Measures from Company C prior to the TUPE move and the Union say that as long as this has the details that it should regarding T&Cs then all is well. When I TUPE'd to Company B the Statement of Measures included that kind of stuff.
I have had a reply from the Union. We will get a Statement of Measures from Company C prior to the TUPE move and the Union say that as long as this has the details that it should regarding T&Cs then all is well. When I TUPE'd to Company B the Statement of Measures included that kind of stuff.
Thanks Jonby. Hear what you are saying, and now I am a sensible adult, nothing like that is chucked. But I don't think I have had an updated contract since the time I started with Company A, I was 16 and it was a long long time ago and not a sensible adult, so no I don't have a copy.
Agree with your other points though, start date is important, so I will be ensuring that and few other key things are included in the 'statement of measures'.
Cheers.
Agree with your other points though, start date is important, so I will be ensuring that and few other key things are included in the 'statement of measures'.
Cheers.
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