Advice on TUPE

eggs
boring

#1

Not toupée.

Does anyone have any experience with this and are able to give me some advice?

Sorry for the boring thread.


#2

…That is the question.


#3

I haven’t been directly involved, but have had to deal with implications of it when some people transferred to our company, what is it you need to know?


#4

Sounds as though your employer’s wig has fallen off


#5

I have had experience of this and there are many rules surrounding it, if there is a large amount of money involved it is worth talking to an independent solicitor to take a look at the paper work.


#6

I was TUPE’d last year.
Experience was broadly positive. What do you want to know?


#7

Thanks for the offers of help.

I read the information on the government website: https://www.gov.uk/transfers-takeovers/consulting-and-informing

I mostly understand the situation and what will happen. But I would like to know if there are common pitfalls that I should be weary of.

For example, does the terms and conditions of my employment contract include benefits?


#8

i nned tupe


#9


#10

i can help you change an inner tupe


#11

bronson’s got toupee


#12

#13

The way it worked here was that everyone remained on their existing contract and T&Cs when the new company took over. You don’t sign a new contract unless you are offered a different position/promotion within the new company.

For some things my old contract/T&Cs were better than the newer company standard T&Cs, for others the new company had better terms.
e.g.
Bad: My old contract was for 40 hours/week, new company standard was 37.5. But under TUPE we carried on with 40 hrs/week as they were the terms of my contract.
Good: My old company waived the pension mgmt fee, whereas the new company charge the employee. Under TUPE I don’t pay the mgmt fee whereas new company employees do. I also get a better % contribution than the new company employees.

It’s a mixed bag, where there’s overlap the HR department of the new company will try and find common ground. e.g. if you get private medical care they’ll just switch you over to the new company scheme.

If you’ve got some mega sweet perks that the new company just don’t have, that’s where things can get messy. A big sticking point was our old company bonus scheme which was far more lucrative than the new company one, and didn’t fit with their ‘culture’ :-/

Basically if you think you’re being fucked over, talk to your HR/their HR. Sometimes companies appoint a person as a point of contact to go to with TUPE issues, has yours done this? Ours didn’t and it was a fucking mess.


#14

Thank you, that is very helpful.

We just nominated our representative today. I understand there will be one from each floor, in our three-storey building.

I do not see any significant sticking points. Maybe our pension is more lucrative as we are a former publicly-owned company.

It’s interesting what you say about contract hours. I am still contracted to work 08:30-17:30 but the new company do not start until 09:00. Now we work from the same building we all adopted the more favourable hours. Guess you got a raw deal.


#15

That sounds good re the contracted hours. Sometimes companies might throw in a sweetener to get people onside!
I was actually recently promoted and had to sign a new contract so I’m on 37.5 hours/week now! :sunglasses:
Most others in the same office are still working their 40 hours though, to say it is a bone of contention would be an understatement :grin: