TUPE concerns

[itsgroovy]

Hi all,
I work at an independent school and last sept ('14) we were taken over by a large educational organisation and TUPE'd to protect our rights etc.
As soon as the new company came into power they changed our pension (which will have a hugely detrimental effect on all teachers at the school) - is this an infringement of TUPE? (Material change to contract etc?) and started telling people (teachers/parents/other schools) what they were going to do in terms of teaching subjects (which courses they wanted to ditch etc which means, of course, ditching the teachers who teach them). They then got hold of an HR company who told them that they couldn’t go around saying that until they'd carried out a consultation and listened to everyone etc - well that has now happened and, guess what, they're doing it anyway - isn't this an infringement of TUPE - saying you're going to do all of this before the consultation?
Also, one of the bosses of the new company med with a head teacher of a local school and said that they were going to get rid of all existing staff and get new teachers in. Is this allowed (Before consultation TUPE consultation process?)
The company has made my managerial role (pastoral manager) obsolete (although I'm still an English teacher) so I will have to take a huge pay cut. I have applied for a similar position in their new structure but won't be successful - although I'm an English teacher my degree is in a different subject (although My teaching qualifications are all to teach English) and this organisation wants to employ only those with degrees pertaining specifically to their degrees - is this/could this be a case of constructive dismissal?

Thanks in advance for your time and help.

[Dwr2011]

Re: TUPE concerns

[QUOTE=itsgroovy;527008]Hi all,
I work at an independent school and last sept ('14) we were taken over by a large educational organisation and TUPE'd to protect our rights etc.
As soon as the new company came into power they changed our pension (which will have a hugely detrimental effect on all teachers at the school) - is this an infringement of TUPE? (Material change to contract etc?) and started telling people (teachers/parents/other schools) what they were going to do in terms of teaching subjects (which courses they wanted to ditch etc which means, of course, ditching the teachers who teach them). They then got hold of an HR company who told them that they couldn’t go around saying that until they'd carried out a consultation and listened to everyone etc - well that has now happened and, guess what, they're doing it anyway - isn't this an infringement of TUPE - saying you're going to do all of this before the consultation?
Also, one of the bosses of the new company med with a head teacher of a local school and said that they were going to get rid of all existing staff and get new teachers in. Is this allowed (Before consultation TUPE consultation process?)
The company has made my managerial role (pastoral manager) obsolete (although I'm still an English teacher) so I will have to take a huge pay cut. I have applied for a similar position in their new structure but won't be successful - although I'm an English teacher my degree is in a different subject (although My teaching qualifications are all to teach English) and this organisation wants to employ only those with degrees pertaining specifically to their degrees - is this/could this be a case of constructive dismissal?

Thanks in advance for your time and help.

I have been TUPE'D twice now and on both occasions what has been protected has been my contractual rights and policies that back those rights up. Basically my terms and conditions of employment including my pay. The pay has been protected for two years but as far as changing the structure of the company, that happened and in the end we were encouraged to come over to a new contract which had different, not better, terms and conditions however, they maintained the right to change the policies at any time which wasn't covered by TUPE. I think you might do well speaking with both ACAS and the union.

Good luck.

[itsgroovy]

Re: TUPE concerns

[QUOTE=Dwr2011;527057][QUOTE=itsgroovy;527008]Hi all,
I work at an independent school and last sept ('14) we were taken over by a large educational organisation and TUPE'd to protect our rights etc.
As soon as the new company came into power they changed our pension (which will have a hugely detrimental effect on all teachers at the school) - is this an infringement of TUPE? (Material change to contract etc?) and started telling people (teachers/parents/other schools) what they were going to do in terms of teaching subjects (which courses they wanted to ditch etc which means, of course, ditching the teachers who teach them). They then got hold of an HR company who told them that they couldn’t go around saying that until they'd carried out a consultation and listened to everyone etc - well that has now happened and, guess what, they're doing it anyway - isn't this an infringement of TUPE - saying you're going to do all of this before the consultation?
Also, one of the bosses of the new company med with a head teacher of a local school and said that they were going to get rid of all existing staff and get new teachers in. Is this allowed (Before consultation TUPE consultation process?)
The company has made my managerial role (pastoral manager) obsolete (although I'm still an English teacher) so I will have to take a huge pay cut. I have applied for a similar position in their new structure but won't be successful - although I'm an English teacher my degree is in a different subject (although My teaching qualifications are all to teach English) and this organisation wants to employ only those with degrees pertaining specifically to their degrees - is this/could this be a case of constructive dismissal?

Thanks in advance for your time and help.

I have been TUPE'D twice now and on both occasions what has been protected has been my contractual rights and policies that back those rights up. Basically my terms and conditions of employment including my pay. The pay has been protected for two years but as far as changing the structure of the company, that happened and in the end we were encouraged to come over to a new contract which had different, not better, terms and conditions however, they maintained the right to change the policies at any time which wasn't covered by TUPE. I think you might do well speaking with both ACAS and the union.

Good luck.[/QUOTE

thanks for your help.