TUPE - When does it apply?
Discussion
Hi All,
$ork got borged last year (share purchase) and $borg wants to transfer us all (UK employees) to their company. Proposal is broadly better, all except one term.
When asked if this was a TUPE transfer, they inferred that they were following the TUPE guidelines, but it wasn't a TUPE event. Which implies that they think that by doing this they can make that term worse. For some employees, this could cost a lot of money - they're going from private medical being covered for you + family to just you, with a ~£800 a year cost if you want to add the family. In the grand scheme of things, they have a better pension contribution, extra 3 days leave at xmas, critical illness and death in service cover which we didn't have.
From reading about TUPE, I think it applies here, given we are UK employees and transferring to a new company. Doesn't matter if it's forced or voluntary I think?
What are your opinions?
$ork got borged last year (share purchase) and $borg wants to transfer us all (UK employees) to their company. Proposal is broadly better, all except one term.
When asked if this was a TUPE transfer, they inferred that they were following the TUPE guidelines, but it wasn't a TUPE event. Which implies that they think that by doing this they can make that term worse. For some employees, this could cost a lot of money - they're going from private medical being covered for you + family to just you, with a ~£800 a year cost if you want to add the family. In the grand scheme of things, they have a better pension contribution, extra 3 days leave at xmas, critical illness and death in service cover which we didn't have.
From reading about TUPE, I think it applies here, given we are UK employees and transferring to a new company. Doesn't matter if it's forced or voluntary I think?
What are your opinions?
What you have described seems to be "alteration of terms and conditions of employment". Whether the employer has the right to do that depends on the terms of the existing employment contracts.
Separately an employer can change terms unilaterally but that would probably be breach of contract. However, the changes often involve a basket of alterations which may make the new terms broadly comparable with or better than the old ones. At the end of the day if changes are forced on you and you think they're unreasonable you can leave and claim "constructive dismissal". The catch is, of course, that you've left.
It's a complex area. If there are unions involved they will probably be handling everything. If not, then it might be worth thinking about getting one in.
If push comes to shove you'll need specific advice from an expert employment lawyer who's been given the full facts. Which costs money. You'll get guidance on a car forum but don't rely on it too much. There's no come-back against anyone at PH!
Separately an employer can change terms unilaterally but that would probably be breach of contract. However, the changes often involve a basket of alterations which may make the new terms broadly comparable with or better than the old ones. At the end of the day if changes are forced on you and you think they're unreasonable you can leave and claim "constructive dismissal". The catch is, of course, that you've left.
It's a complex area. If there are unions involved they will probably be handling everything. If not, then it might be worth thinking about getting one in.
If push comes to shove you'll need specific advice from an expert employment lawyer who's been given the full facts. Which costs money. You'll get guidance on a car forum but don't rely on it too much. There's no come-back against anyone at PH!
Panamax said:
What you have described seems to be "alteration of terms and conditions of employment". Whether the employer has the right to do that depends on the terms of the existing employment contracts.
Separately an employer can change terms unilaterally but that would probably be breach of contract. However, the changes often involve a basket of alterations which may make the new terms broadly comparable with or better than the old ones. At the end of the day if changes are forced on you and you think they're unreasonable you can leave and claim "constructive dismissal". The catch is, of course, that you've left.
It's a complex area. If there are unions involved they will probably be handling everything. If not, then it might be worth thinking about getting one in.
If push comes to shove you'll need specific advice from an expert employment lawyer who's been given the full facts. Which costs money. You'll get guidance on a car forum but don't rely on it too much. There's no come-back against anyone at PH!
Re: the bit in bold I think when a merger or takeover happens the new Company can issue blanket new contracts to staff. Staff can accept these new contracts or they are made redundant. I'm happy to be corrected (IANA HR Expert) but something like this happened at a company where I worked. The new contracts were much better in some respects (salaries, bonuses) but there were some stretching targets attached to the bonuses which meant a culture change for some people. they weren't happy and insisted on retaining their old contracts but were told in no uncertain terms that they either signed the new contract or they would be dismissed. Some people left, most of the others who werent happy were gradually managed out.Separately an employer can change terms unilaterally but that would probably be breach of contract. However, the changes often involve a basket of alterations which may make the new terms broadly comparable with or better than the old ones. At the end of the day if changes are forced on you and you think they're unreasonable you can leave and claim "constructive dismissal". The catch is, of course, that you've left.
It's a complex area. If there are unions involved they will probably be handling everything. If not, then it might be worth thinking about getting one in.
If push comes to shove you'll need specific advice from an expert employment lawyer who's been given the full facts. Which costs money. You'll get guidance on a car forum but don't rely on it too much. There's no come-back against anyone at PH!
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