Tupe Mileage allowance

[Tinkerbell.001]

Hi all I am new on here but I have so many issues that have come up from being on a Tupe contact that my HR just don't know the answers to I have decided to try and see if any one here can help me.

I used to be employed by Local council but was Tuped to a NHS consortium, who have then been tuped through three different trusts in the last 5 years. I had a mileage contracted allowance of 65p per mile which went with my contract and for the past 3 years I had a lease car with a company called NHS fleet solutions, whilst I had this car the mileage remained at 65p per mile. I have just taken on a new lease car with Knowles and am being told that the mileage allowance is now 45p this is dictated by the lease car company not my HR. Does anyone know if I still have a right to the full 65p per mile or by taking on a new lease car I have lost this right? and if so why didn't it change in the previous 3 years? Thank you

[Tinkerbell.001]

Re: Tupe Mileage allowance

anyone ? please?

[R0b]

Re: Tupe Mileage allowance

Hello

Are you saying that your contract stipulated that you were entitled to a company car and that the mileage allowance would be 65p per mile?

Generally, when a TUPE takes place all powers, rights, liabilities etc. transfer to the new employer, and the new employer cannot unilaterally change the terms and conditions or risk a possible claim. So your contractual terms will remain the same as they were with your previous employer, unless the new employer can show the sole reason for the change is an economical, technical or organisational one.

On the face of what you have said, you may be entitled to the full 65p if the company car was incorporated into your contract along with the mileage allowance. Sometimes employers consider offering a 'buy-out' where they may offer you a sum of money in agreeing to remove the provisions from your contract completely. This is especially the case where it is impossible or difficult for the new employer to continue offering the benefits.

Are you a part of a union? Some unions do offer free legal advice and may be able to assist you or at least point you in the right direction. TUPE can be a difficult issue and it will entail scrutinising the contract and all relevant documents to fully understand your position and it would be difficult to give you a definitive answer with limited information.

Perhaps take a read of this article it may help you understand a bit more about TUPE, though it is aimed at employers it may nevertheless be helpful.

http://adamsandremers.com/wp-content...de-to-TUPE.pdf

[Tinkerbell.001]

Re: Tupe Mileage allowance

Hello

Are you saying that your contract stipulated that you were entitled to a company car and that the mileage allowance would be 65p per mile?

Generally, when a TUPE takes place all powers, rights, liabilities etc. transfer to the new employer, and the new employer cannot unilaterally change the terms and conditions or risk a possible claim. So your contractual terms will remain the same as they were with your previous employer, unless the new employer can show the sole reason for the change is an economical, technical or organisational one.

On the face of what you have said, you may be entitled to the full 65p if the company car was incorporated into your contract along with the mileage allowance. Sometimes employers consider offering a 'buy-out' where they may offer you a sum of money in agreeing to remove the provisions from your contract completely. This is especially the case where it is impossible or difficult for the new employer to continue offering the benefits.

Are you a part of a union? Some unions do offer free legal advice and may be able to assist you or at least point you in the right direction. TUPE can be a difficult issue and it will entail scrutinising the contract and all relevant documents to fully understand your position and it would be difficult to give you a definitive answer with limited information.

Perhaps take a read of this article it may help you understand a bit more about TUPE, though it is aimed at employers it may nevertheless be helpful.

http://adamsandremers.com/wp-content...de-to-TUPE.pdf

Hi
Thanks for the reply. It is not a company car as such it is a lease car, with the Lease provided by my employer and paid through salary sacrifice, when this was taken on it was intended that there would be a saving because you do not pay tax on the lease car element and company pension. However this is complicated further because I have Tuped from Local government to the NHS and apparently local government policy is that i do not save tax on the pension element. I then pay a lease car benefit tax so there is in effect no saving. The contract never refereed to company car or lease car only mileage rate. does this impact on the rate changing? Like i said previous lease car was on 65p per mile?

Thanks