TUPE Advice

[RV79]

Hi All

I am after some advice my current employer have outsourced my department and are in the process of transfering my contract over under TUPE regs, I am due an annual bonus for my yearly goals in 2013 and exceeded all of these targets I have also recieved an email from HR saying that the bonus will be paid on the 31st March but this falls just after the TUPE transfer date which is the 1st March, I understand that under TUPE I can leave just before the transfer date and serve no notice but I feel as if my hands are tied as my bonus is not paid out till the 31st of that month. Do I have any options, I have interest from other companies looking to take me on and need some advice on how i should approach this?


Thanks in advance.

[Tools]

Re: TUPE Advice

Do you have an employee representative handling all queries relating to the impending TUPE? I know that all rights to bonuses etc under your existing contract carry across and as the bonuses were earned during 2013 there should be no dispute, but I would query this with your rep.

I would also contact ACAS and discuss this with them as they are better placed than me to advise you.

Helpline number: 08457 47 47 47
Monday-Friday: 8am-8pm and Saturday 9am-1pm

[RV79]

Re: TUPE Advice

Cheers Tools

I will give them a call after 8am

[teaboy2]

Re: TUPE Advice

You say the bonus relates to 2013 so i assume that is for the period 1st Jan 2013 - 31st December 2013 - If this is the case, then you are already entitled to this, and it will be paid to you due to it being your contractual bonus by the current company regardless of your transfer to the new company under TUPE.

If the current company fails to pay your bonus, then its a breach of contract. For which you can then issue a claim for.