Anyone here been through TUPE?

[clonmult]

I should really post this under a different ID, but aaaah, so what.

I'm doing contract development and support work, and have been informed that a previous support company is trying to get the whole dev & support contract back.

Due to the (apparent) quality of work my colleague and I have done, they don't want to lose us, so there's a high probability that we'll be kept on and be TUPEd across to the other company.

Has anyone here been through TUPE and have any thoughts? in theory we're supposed to keep all of our T&Cs, but I'm not necessarily that sure.

[Agoogy]

Thats how it was for me, no change apart from employer name

[Fittster]

Are you a contractor or a permie?

[ewenm]

Yes, I did when IBM bought PwC Consulting.

There rules aren't simple but you should keep your existing T&Cs for a year after transfer. You may choose to sign a new contract with new T&Cs but you can't be forced to do so within the first year.

Edit: I'd go online and read up on it though.

Edited by ewenm on Tuesday 19th August 14:13

[clonmult]

Fittster said:

Are you a contractor or a permie?

Perm, working for one company, placed at another.

Could be some positive spin on it - keep our current T&Cs, but with improvements - more holiday, better pension. And its the one company in my area that I've wanted to work at for a long time.

[aw51 121565]

Yes, TUPE just 'happens', everything stays the same with regards to terms and conditions for the time being.

You may notice changes in management attitudes pretty quickly though, as new managers get involved and try to impose their own ideas...

Terms and conditions are supposed to stay the same for the first 12 months, but when I was TUPEd no-one would confirm this (this was in local government). Our own terms and conditions could always be changed with 3 months' notice anyway - this certainly didn't change .

[clonmult]

aw51 121565 said:

Yes, TUPE just 'happens', everything stays the same with regards to terms and conditions for the time being.

You may notice changes in management attitudes pretty quickly though, as new managers get involved and try to impose their own ideas...

Terms and conditions are supposed to stay the same for the first 12 months, but when I was TUPEd no-one would confirm this (this was in local government). Our own terms and conditions could always be changed with 3 months' notice anyway - this certainly didn't change .

This is where it gets interesting.

Management at the clients site appear to "like us". And I know the PM and a few others from the company thats attempting to get the contract. And said PM owes me a drink after a meet up at the Service Desk show last year ....

[clonmult]

Vr6er said:

Seemed harmelss as far as I can remember but 1 thing stands out for me - pension rights are not covered under TUPE !!

My initial worry was over base salary and the bonus scheme that we're on - "they" say that all should be covered. But we were informed that the potential new employers would try to improve our current pension package.

[Edgeman]

I lost my pension and On-Call allowance when I was TUPEd a few years ago, but everything else remained the same (permanent employee).

[edwardsje]

Pension is expressly excluded from TUPE regs., so changes can be made here from Day 1.

Much depends on the policy of the company you join though - some are very comfortable with having a variety of different Ts & Cs within their organsiation, in which case the likelihood is that nothing much would change.

Others have a policy of harmonising Ts&Cs asap, but if this is the case they should be consulting with you with regard to this and any changes they propose.

[anonymous-user]

You can't be paid less under TUPE for doing the same job. If you have a higher salary than your equivalent in the new company you get a pay freeze until the other lot catch up.