Potential TUPE

[ralphingizmo]

Hi all hoping you can advise.

December 14th 2014 we were notified that the company were looking at a TUPE of our division and they were in talks with a company who were interested. We were told that they had been looking at doing this for the last 8 months or so.

January 19th 2015 we had a second meeting to say nothing much has happened and the company were still looking into the TUPE.

My question is simple, can they string us along for however long they want?

I understand that the TUPE would protect us immediately after the transfer but the truth is that after 12 months who is to say what can happen. Is there some sort of timeline that a TUPE should take? Were they right to tell us that this was happening even though it would appear no agreement is in place? As you can understand a couple of my colleagues are a little concered and stressed so i was hoping some one could enlighten me. (Hopefully with something positive)

[stevemLS]

Re: Potential TUPE

TUPE isn't something that either they decide to do or not, it occurs when there is a "relevant transfer" so when your division is sold or transferred to a different owner.

And you are right, TUPE protects at the point of transfer, but not much beyond and tales of alterations to terms and conditions (not necessarily for the worse) in the months following transfer are common.

[ralphingizmo]

Re: Potential TUPE

Does that mean the process can take as long as a piece of string? I feel that it was a bad move to inform us if an agreement had not been made. Does leave a bad taste especially if nothing is to happen and we end up staying with our current employer.

[stevemLS]

Re: Potential TUPE

It's always a bit damned if you do and damned if you don't, in my opinion.

TUPE carries with it an obligation to "consult" - if consultation is to be meaningful it has to take place at a formative stage in any proposal, although in my experience with TUPE it isn't and doesn't.

However, it sounds as though this is being conducted alongside negotiations for the sale of part of a business.

So, is it better to advise employees at an early stage or when it is a done deal? No doubt some will prefer the former and some the latter?

I don't know what the answer is!

[ssparks2003]

Re: Potential TUPE

But the reading of your first post, TUPE has not yet started as they have only told you that they are looking to TUPE the department. I would think that the hold up is not from their side but rather the customer or new service providers side. Just sit tight and carry on earing a wage; at the end of the day does it really matter if you are working for company A or company B as you will be donig the same job. the main thing is you are working and earning a wage.

[FlamingParrot]

Re: Potential TUPE

But the reading of your first post, TUPE has not yet started as they have only told you that they are looking to TUPE the department. I would think that the hold up is not from their side but rather the customer or new service providers side. Just sit tight and carry on earing a wage; at the end of the day does it really matter if you are working for company A or company B as you will be donig the same job. the main thing is you are working and earning a wage.

Sadly not every single aspect of employment is covered by TUPE. In principle they transfer you under the same terms and conditions but there are always certain things that are discretionary. How relevant this is depends on your job and the company you work for. Some employers have very good packages, bonuses, pension schemes, share schemes, etc. and you may lose some or all of these perks upon transfer. They may enroll you in another pension scheme now they are compulsory, but it may not be nearly as good as the original one, you may lose out on bonuses and other schemes that are not offered by the new employer. In some cases the new company's sick pay is not the same as the old one's, etc.

One thing is when one business just takes over a similar business, things can be very different if you were working for, say, a major corporation and your department got outsourced to one of them outsourcing outfits which are used precisely to cut costs.

[ralphingizmo]

Re: Potential TUPE

Thank you all for your responses. ssparks2003 don't get me wrong grateful to still have a job as it could have been much worse and made our department redundant.
Also having read stevemLS comment I understand how different people may feel better knowing sooner rather than later.
FlamingParrot would perks be consider as fuel cards and car allowance? I understand that child care vouchers are a perk.
Thank you all for your responses.

[FlamingParrot]

Re: Potential TUPE

Thank you all for your responses. ssparks2003 don't get me wrong grateful to still have a job as it could have been much worse and made our department redundant.
Also having read stevemLS comment I understand how different people may feel better knowing sooner rather than later.
FlamingParrot would perks be consider as fuel cards and car allowance? I understand that child care vouchers are a perk.
Thank you all for your responses.

Those are precisely the sort of things I was referring to, they may or may not be honoured and, depending on the terms of your employment, may not be regarded as a contractual obligation to provide them.