Change of employer and the TUPE agreement.
Change of employer and the TUPE agreement.
Author
Discussion

Baby Huey

Original Poster:

4,881 posts

228 months

Thursday 18th December 2008
quotequote all
After some advice from anyone who's been through this.

The company I work for is having a pretty bad time of it at the moment,
and I would be surprised if they are still around in 12 months time.

My department has been bought out by another firm and from what we have been
told, we will be working for them under the same terms and conditions that we have at the moment, under the TUPE agreement.

We are off to meet the new bosses on Friday and I wanted to know if anyone had been through a similar thing, and what your experience was.

Are there any questions I should be asking?

ETA, I'm off to work now so any advice will be much appreciated.

Edited by Baby Huey on Thursday 18th December 07:53

ewenm

28,506 posts

274 months

Thursday 18th December 2008
quotequote all
Ask them what the differences are between their standard employment contract and your TUPE-protected one, so you know what to expect at the end of the TUPE period.

Percy Flage

1,770 posts

251 months

Thursday 18th December 2008
quotequote all
The idea of TUPE is that it protects you, in that NewCo is supposed to employ you under the same terms and conditions as your current employment contract. One area worthy of note is that there is no longer an absolute requirement to replicate pension provision, if the scheme you are in now offers benefits on a final salary basis. NewCo can put you into a defined contribution scheme, with a much smaller contribution rate. ONly applies if your current employer offers a final salary scheme, but worth asking the question.


Baby Huey

Original Poster:

4,881 posts

228 months

Thursday 18th December 2008
quotequote all
How long is the TUPE period? Is it set or negotiable?

Baby Huey

Original Poster:

4,881 posts

228 months

Thursday 18th December 2008
quotequote all
Percy Flage said:
The idea of TUPE is that it protects you, in that NewCo is supposed to employ you under the same terms and conditions as your current employment contract. One area worthy of note is that there is no longer an absolute requirement to replicate pension provision, if the scheme you are in now offers benefits on a final salary basis. NewCo can put you into a defined contribution scheme, with a much smaller contribution rate. ONly applies if your current employer offers a final salary scheme, but worth asking the question.
I'm not on a final salary pension.

Percy Flage

1,770 posts

251 months

Thursday 18th December 2008
quotequote all
Baby Huey said:
How long is the TUPE period? Is it set or negotiable?
It applies at the point of transfer. After then, any change to your contract of employment would be by negotiation, just as it is with your current employer, although there are caveats to this.

This link might help.

anonymous-user

83 months

Thursday 18th December 2008
quotequote all
Baby Huey said:
How long is the TUPE period? Is it set or negotiable?
There is no set time, the reasoning is whether a change is as a result of the transfer , unless due to an economic, technical or organisational (ETO) reason.

Harminisation of terms doesn't count as an ETO

Baby Huey

Original Poster:

4,881 posts

228 months

Thursday 18th December 2008
quotequote all
Thanks for the information folks.