TUPE

Author
Discussion

Eyersey1234

Original Poster:

2,898 posts

80 months

Monday 18th June 2018
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The company I work for has been taken over by another bus company today. Out of interest does anyone know how long TUPE rules apply for?

edc

9,238 posts

252 months

Tuesday 19th June 2018
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What makes you think TUPE applies in this situation?

Eyersey1234

Original Poster:

2,898 posts

80 months

Tuesday 19th June 2018
quotequote all
I was under the impression it does based on other takeovers.

ozzuk

1,183 posts

128 months

Tuesday 19th June 2018
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http://www.acas.org.uk/index.aspx?articleid=1655

That might help. Keep in mind though the new business can actually change your terms anytime if they have a good enough economic reason for it.

Are you a member of a union? Might be too late, but likely worth joining.

Eyersey1234

Original Poster:

2,898 posts

80 months

Tuesday 19th June 2018
quotequote all
Yeah I'm in the union. I'm not worried about the takeover I just wondered if there was a set period of time that TUPE applied for following a takeover.

davek_964

8,838 posts

176 months

Tuesday 19th June 2018
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What do you mean by the time it applies for?

In my experience (it's happened twice to me) this is what happens :

Company X takes over Company Y. You get a few presentations telling you how excited they are to be buying your fabulous company / how great you all are / how you could teach them a thing or two etc. etc. etc. TUPE means your T&Cs stay the same, and there is a period of clarifying that this is the case.

A couple of months later, they decide to change your T&Cs to "harmonise" and whilst you can object to changes in your T&Cs, and they have to make "every effort" to reach a mutually agreeable solution - if you don't agree to most things within a reasonable time period, you'll be looking for another job.

In theory, TUPE is great. In practice (at least in the two situations I've been in) it's useless and simply means you keep your T&Cs for a few months after the take over, and then they all change anyway.

edc

9,238 posts

252 months

Tuesday 19th June 2018
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If your company has been taken over it does it automatically mean there is a transfer. In that situation TUPE may not apply.

Eyersey1234

Original Poster:

2,898 posts

80 months

Tuesday 19th June 2018
quotequote all
I just wondered if in the TUPE legislation there was a set period of time before the new owners could make changes to terms and conditions etc. In our case the bus company is being kept as a separate subsidiary company to the main group.

Tony1963

4,795 posts

163 months

Tuesday 19th June 2018
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To counter the doom merchants, I've been through TUPE a few times now, and I've never lost out. In fact, after the last occasion, all subsequent employees were taken on under our older, more attractive package.

Stedman

7,228 posts

193 months

Saturday 23rd June 2018
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TUPE is usually a year, isn't it?

HappySilver

320 posts

165 months

Saturday 23rd June 2018
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Stedman said:
TUPE is usually a year, isn't it?
No, there is no time limit in the TUPE legislation. It protects changes to pay and benefits associated with the transfer of undertakings. Clearly, the further away from the transfer the changes are made the easier it is for the employer to claim the two events are not connected.

Stedman

7,228 posts

193 months

Saturday 23rd June 2018
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HappySilver said:
No, there is no time limit in the TUPE legislation. It protects changes to pay and benefits associated with the transfer of undertakings. Clearly, the further away from the transfer the changes are made the easier it is for the employer to claim the two events are not connected.
Hairy muff.

Shakermaker

11,317 posts

101 months

Tuesday 26th June 2018
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I've been through TUPE twice in the past. Once from Company A to Company B, and then when it was realised that Company B were not performing, the contract was awarded back to Company A again.

Never lost out in terms of.. Rate of pay, amount of annual leave entitlement, pension contribution, overtime rates,

That is still the case today for my former colleagues who now work for Company C under another TUPE arrangement, but some of them who worked for A "way back when" are still on the same T&Cs in terms of pay, overtime, holiday etc as they were 10+ years ago.

What might change though are things like what day of the month you get paid and how frequently you get paid. You may already have better T&Cs than the existing company, and in that situation you may find you are ring fenced next time it comes to pay discussions. That has also happened to people I have worked with, who were on a higher rate than others, but then haven't had their pay increase at the same rate under Company C as they did under their former company.

Downward

3,630 posts

104 months

Monday 28th January 2019
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Hi.
Anyone had Notice period changed ?
Under TUPE Notice is 1 month.
New employer says it’s now 3 months.
I didn’t agree and there were no consultations.

Johnnytheboy

24,498 posts

187 months

Monday 28th January 2019
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Short answer is they can't do that if the previous notice period was in your old contract.

anonymous-user

55 months

Tuesday 29th January 2019
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Bear in mind that if the employer company is acquired by another company but the identity of the employer does not change then TUPE does not apply. It applies to changes in employer, not to changes in the shareholding of the company.

As noted above, when TUPE applies there is no time limit on protection of pre transfer terms of employment.

rambo19

2,747 posts

138 months

Tuesday 29th January 2019
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I was a bus driver.
TUPE'd twice.
Both times a nightmare.

Johnnytheboy

24,498 posts

187 months

Tuesday 29th January 2019
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rambo19 said:
I was a bus driver.
TUPE'd twice.
Both times a nightmare.
You can always fall back on being a haiku poet?

Johnnytheboy

24,498 posts

187 months

Wednesday 30th January 2019
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anonymous said:
[redacted]
If it's the notice he has to give tham: not odd.

hantsxlg

862 posts

233 months

Thursday 31st January 2019
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And legally pretty much feck all they can do if you don't stuck to your notice period and walk....