Is this a TUPE?

[01samuelr]

Business A owns business B and C. Business A wants to merge B and C to form BC is this a TUPE?

[IanJ9375]

01samuelr said:

Business A owns business B and C. Business A wants to merge B and C to form BC is this a TUPE?

Don't believe it is, having previously TUPE'd twice the initial change came about when we were transferred from one arm to the IT arm of the company I worked for, the TUPE only happened when that was transferred to a non-group company

[Europa1]

Breadvan 72 is really your man for this, but "probably" is my hunch - TUPE will apply to an intra-group transfer of a business. How is the merger being effected?

[01samuelr]

Europa1 said:

Breadvan 72 is really your man for this, but "probably" is my hunch - TUPE will apply to an intra-group transfer of a business. How is the merger being effected?

Information is a bit thin on the ground, but wanting to know what rights do I and the company have in regards to employment contract. I like the terms of my contract and part of the reason for joining the company. Can they forcibly change the “perks” of my contract without us employees agreeing to them?

[NDA]

I was told I had to accept, under TUPE, employees from the parent company when we were acquired and then merged.

[anonymous-user]

I did a case in the European Court of Justice that established that intra-group transfers are subject to TUPE. The case is notable for being the only known occasion on which the Court was addressed by a dead man, as the law report states that Peter Duffy addressed the Court, but in fact he had been dead for two months and it was me what done it (the hearing, I mean - I didn't kill him).

Will the merger involve one company buying another? A share transfer is not a TUPE transfer.

You need to state the nature of the transaction in order to get a view on whether or not TUPE applies.

[01samuelr]

Will the merger involve one company buying another? A share transfer is not a TUPE transfer.

No company already own both companies

You need to state the nature of the transaction in order to get a view on whether or not TUPE applies.

Its merging two companies within the business to form one company or brand.
In line with this process they are looking at ‘harmonising’ two sets of contracts into one.
Can we say no we want to stay on the terms I agreed on when joining or can they force a new contract on me.

Thank you

[anonymous-user]

From your outline this sounds like a possible TUPE transfer. In that event your terms of employment are protected. In practice, employers can sometimes pressurise staff to accept changes, but staff may be able to exact a price for this.

The employer should consult the employees about the transfer. If you have no union, you could club together with your colleagues to fund legal advice. I can recommend some good solicitors.

[anonymous-user]

http://www.employmentsolicitor.com/tupe-cut-employ...

[01samuelr]

Breadvan72 said:

From your outline this sounds like a possible TUPE transfer. In that event your terms of employment are protected. In practice, employers can sometimes pressurise staff to accept changes, but staff may be able to exact a price for this.

The employer should consult the employees about the transfer. If you have no union, you could club together with your colleagues to fund legal advice. I can recommend some good solicitors.

Thank you for the advice. We gave apointed a rep (non union) to be a point of contact between employer and employees. Don’t think we will need the solicitors as the industry is highly specialised and company wouldn’t risk loosing the uk team.

I just wanted a bit of clarification as I was unsure if it was a TUPE or not.

Regards