Entitlements Under TUPE - Any experts?

[ofcorsa]

Hi all

Anyone up on what rights employees have when TUPE is in effect.

Could I PM them some questions?

[bluepolarbear]

ofcorsa said:

Hi all

Anyone up on what rights employees have when TUPE is in effect.

Could I PM them some questions?

TUPE protects your terms and conditions, key points

1) Does TUPE apply - not in all cases
2) It doesn't cover Pensions
3) It doesn't cover non T&C - your company may provide things that aren't part of your t&cs
4) It isn't a protection againist redunancy, either company can make you redundant as part of the process but it will be on your current terms.

[ofcorsa]

Can the company who my entitlement is being transferred to make me redundant whilst still recruiting others to do the same role?

[spikeyhead]

ofcorsa said:

Can the company who my entitlement is being transferred to make me redundant whilst still recruiting others to do the same role?

No company can make a person redundant, only the role.

It's probably worth asking a mod to move this ever to jobs and employment matters

[softtop]

an interesting point, if you work on a number of contracts then if one of then is at least 25% of your full time role this can count as TUPE being applicable. Not a real HR person

[mfmman]

softtop said:

an interesting point, if you work on a number of contracts then if one of then is at least 25% of your full time role this can count as TUPE being applicable. Not a real HR person

As few as 25%?, I understood it was 50% for six or nine months.

OP, if you have been placed at risk, then the remaining roles can only be filled by suitably qualified individuals from the selection pool

[bluepolarbear]

ofcorsa said:

Can the company who my entitlement is being transferred to make me redundant whilst still recruiting others to do the same role?

If the type and number of roles are the same then probably not. However, I would expect the new company to declare that the roles are either different or a reduced number in which case it could be possible to place entrants into the roles while making others redundant.

[ofcorsa]

bluepolarbear said:

ofcorsa said:

Can the company who my entitlement is being transferred to make me redundant whilst still recruiting others to do the same role?

If the type and number of roles are the same then probably not. However, I would expect the new company to declare that the roles are either different or a reduced number in which case it could be possible to place entrants into the roles while making others redundant.

The Roles we do are integral to the work being done, i.e. we did everything. I’m suspicious that the company taking the contract have staffed up in preparation for this before taking into account TUPE. The work is still there and we have worked remote to this site for 4 years so home working could be an option.

Consultation is still ongoing but I fear a clean slate is wanted

[edc]

ofcorsa said:

bluepolarbear said:

ofcorsa said:

Can the company who my entitlement is being transferred to make me redundant whilst still recruiting others to do the same role?

If the type and number of roles are the same then probably not. However, I would expect the new company to declare that the roles are either different or a reduced number in which case it could be possible to place entrants into the roles while making others redundant.

The Roles we do are integral to the work being done, i.e. we did everything. I’m suspicious that the company taking the contract have staffed up in preparation for this before taking into account TUPE. The work is still there and we have worked remote to this site for 4 years so home working could be an option.

Consultation is still ongoing but I fear a clean slate is wanted

This sort of situation is often the case in TUPE. Customers change service provider because they want a change to save money, improve quality or don't like the current incumbents. The problem is it is oftenthe people on the contract/assignment that will have the effect on these desired changes. This is why you get the 'we have always done it like this why change' mentality.

[softtop]

edc said:

ofcorsa said:

bluepolarbear said:

ofcorsa said:

Can the company who my entitlement is being transferred to make me redundant whilst still recruiting others to do the same role?

If the type and number of roles are the same then probably not. However, I would expect the new company to declare that the roles are either different or a reduced number in which case it could be possible to place entrants into the roles while making others redundant.

The Roles we do are integral to the work being done, i.e. we did everything. I’m suspicious that the company taking the contract have staffed up in preparation for this before taking into account TUPE. The work is still there and we have worked remote to this site for 4 years so home working could be an option.

Consultation is still ongoing but I fear a clean slate is wanted

This sort of situation is often the case in TUPE. Customers change service provider because they want a change to save money, improve quality or don't like the current incumbents. The problem is it is oftenthe people on the contract/assignment that will have the effect on these desired changes. This is why you get the 'we have always done it like this why change' mentality.

customers do like changes in staff but as a bidder you will not normally price in the costs to remove these people. It puts up your bid price. The way is to performance management them out if you need to, cheaper by far.

[ofcorsa]

What is the notice period (minimum) under TUPE?

Is your contractual notice? I keep hearing different amounts

[edc]

ofcorsa said:

What is the notice period (minimum) under TUPE?

Is your contractual notice? I keep hearing different amounts

All of your rights, including notice, are dictated under your current set of terms and conditions. These will transfer unless you sign to waive or alter some rights or entitlements.

[harry010]

I don't work in this area of law anymore but if you have anymore questions that haven't been answered I'd be happy to help you out.

[ofcorsa]

Thanks for all the help everyone

My employers seem to be handling everything above board.

[AndyD360]

Likely to be facing a similar situation myself in the next couple of months.

Am I right in saying that (assuming the incoming employer accepts TUPE applies...) if you are delivering a role/service that doesn't fundamentally change then you are eligible to transfer in??

Personally, I don't deliver 'frontline' activity myself as I manage an office. In this instance, I'm guessing I'm not eligible to TUPE in and may well have to go through a selection process in order to remain in the role (assuming they haven't got an existing manager lined up to take it on) - which would be unlikely in this case...

Harry - are you happy if I PM you the details??