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TUPE issue

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  • TUPE issue

    Hi guys,

    little advice needed around ETO affecting our TsandCs...


    I work for an IT provider offering IT support to a charity

    contracted hours 0730 - 2230 over 2 shifts with 150 shift allowance
    0730 - 1530
    1430 - 2230

    worker on evening shift also covers site 24/7 on Out Of Hours stand by for all eventualities for that week including weekend at 2ph - 186pw.

    Charity has now engaged with new provider and my colleague and I are being TUPE'ed over

    unfortunately the contract signed by the new company differs to the old company:

    contracted hours 0730 - 2000 over 2 shifts with 93 shift allowance

    0730 - 1600
    1130 - 2000

    all Out Of Hours standby is no longer required at a loss of 186pw

    __________________________________________________ __________________________________________

    Now, as far as I can see the detrimental effects of these "measures" are directly attributable to the transfer and the contract signed by the new provider and not actual ETO reasons on their behalf.

    Can anyone comment on a route forward? we have 4 weeks left till the transfer.

    thanks in advance

    Tags: None

  • #2
    Re: TUPE issue

    Impossible to say really. My best guess is that the ETO is transparent - reduce costs to the client or there will be no contract. There may well be sufficient grounds, if that is the case, to justify this as being a potential redundancy. Which would you prefer - the loss of the money or the loss of the job? And I mean that quite seriously as a question - you may be able to argue that this is a redundancy, but would you want that?

    You say that this is as far as you can see - have you tried asking? That is the point of the consultation period, to allow you to ask questions. This would seem to be an obvious one. With an explanation I might be able to do more, but right now I am guessing!


    • #3
      Re: TUPE issue


      thanks for that Sangie - so far the communication has been pretty much one way. We have a consultation meeting early next week. I'll ask the question and get back to you.

      As for loss of money or loss of job? I'm a resilient person and the job market isn't too bad so I'd rather skip the job - that and the fact that my current employer is a full on IT company, over 5k employees. The new lot are just over 200, pretty much a startup in managed services and we don't have much confidence in them... I know where I'd rather be...

      thanks again




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