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