Ripped-Off Britain

* THE ONE AND ONLY, TRUE AND ORIGINAL, 'RIPPED-OFF' WEBSITE ON THE INTERNET *

SEE THE NEW "INTRODUCE YOURSELF" THREAD: HERE - - and - - LOOK AT OUR NEW "CAR-BUYING GUIDE" SUB-FORUM: HERE

    Anyone Know about TUPE - Employment Transfer of Work

    Share
    avatar
    riders_on_the_storm
    Major
    Major

    Number of posts : 463
    Points : 3649
    Reputation : 43
    Registration date : 2008-08-25

    Anyone Know about TUPE - Employment Transfer of Work

    Post by riders_on_the_storm on Sat 15 Sep 2012, 3:16 pm

    Hi

    Just got told that our company who is contracted to do work for is entering into TUPE agreement with the main company and that they (the main company who are contracting the work out) want to transfer the work to their in-house operations in Eastern Europe. Under TUPE the employees terms and conditions are protected through a transfer of work between the old and new company.

    What is being said is the work is being taken back in house for financial reasons but IF - as it states quite clearly in TUPE that our terms and conditions are protected - then they (the new company) simply cannot pay off the worker being transferred; unless the company was going into administration.

    That means in effect that they have to keep us employed and on the same salary and conditions so by saying they are moving the work for financial reason, under TUPE they will not save any money. It also says in our existing terms and conditions that we are explicitly based at the address we work at so they cannot move us either.

    One of the HR reps said in reality what would happen is the new company would make you redundant soon after you elected to transfer. If you do not elect to transfer then you are putting yourself in a position of resignation, which is grossly unfair, meaning you would not be entitled to any benefits because you resigned.

    Any thoughts on this or has anyone got any experience of it?

    Andrew



    Last edited by riders_on_the_storm on Sun 16 Sep 2012, 2:38 pm; edited 1 time in total
    avatar
    papa_umau
    Field Marshal
    Field Marshal

    Number of posts : 12341
    Points : 18652
    Reputation : -25
    Registration date : 2008-08-23
    Age : 73
    Location : Scotland

    Re: Anyone Know about TUPE - Employment Transfer of Work

    Post by papa_umau on Sun 16 Sep 2012, 1:59 pm

    A great question Andrew !

    As I haven't worked for many years, ( retired, not lazy BTW Cool ), I do not have any particular knowledge about this new deal.

    As I usually do when I am asked a question I know nothing about I get online and try to find as much as I can that way.

    HERE is what I found.

    I hope that this ACAS advice helps a bit.

    If anyone else here knows about this practice then let's hear about it.


    _________________
    Best of regards

    Papa......


    avatar
    riders_on_the_storm
    Major
    Major

    Number of posts : 463
    Points : 3649
    Reputation : 43
    Registration date : 2008-08-25

    Re: Anyone Know about TUPE - Employment Transfer of Work

    Post by riders_on_the_storm on Sun 16 Sep 2012, 2:45 pm

    Thanks Paps I think i've went round the houses on a few of these sites but it's good to see all the info I can about it. I think inevitably the company will have get out clauses etc. but the thing that really stinks is that you are put into a situation where you may have to bring it upon yourself to resign, otherwise your only option is to agree to the transfer, which we as the group of guys we are doing, but state that we cannot move as it would be an unrealistic proposition to move to Eastern Europe. If that is the case then I think they make you redundant.

    According to TUPE our existing T&C (Terms and Conditions) move with us to the new company and, as I said in our T&Cs, we are based here so I do not know how they are going to say they can move us when the T&C says quite clearly we are based here? Our team and managers are base in East Europe anyway it's just that we work here but as part of that team. So moving us would not produce any cost benefits I can see and may work out more expensive for the company.

    We are going to have more discussions this week on it and see where we go from here.

    Andrew

    avatar
    papa_umau
    Field Marshal
    Field Marshal

    Number of posts : 12341
    Points : 18652
    Reputation : -25
    Registration date : 2008-08-23
    Age : 73
    Location : Scotland

    Re: Anyone Know about TUPE - Employment Transfer of Work

    Post by papa_umau on Sun 16 Sep 2012, 2:53 pm

    Being the cynical old sod that I am I think that the situation that will arrive at that point will make it easy for the company that is moving to Eastern Europe to not take any more people than they have to to the new site. After all, most of these companies move to such places because they can get cheap labour there.

    At least they will be forced by the TUPE agreement to pay a decent redundancy package if the people not going to transfer are forced to resign.

    I hope it all works out well for you in the end !


    _________________
    Best of regards

    Papa......


    avatar
    riders_on_the_storm
    Major
    Major

    Number of posts : 463
    Points : 3649
    Reputation : 43
    Registration date : 2008-08-25

    Re: Anyone Know about TUPE - Employment Transfer of Work

    Post by riders_on_the_storm on Sun 16 Sep 2012, 6:13 pm

    They cant force you to resign, you can agree to the transfer but then if you say it is impossible for you to actually relocate then they have to make you redundant. In this case we haven't been with the company that long so we will get on redundancy money.

    As I said we will see how it progresses over the next week or two.

    Andrew

    Guest
    Guest

    Re: Anyone Know about TUPE - Employment Transfer of Work

    Post by Guest on Tue 18 Sep 2012, 12:14 pm

    Tupe really refers to your conditions rather than job security. If you work for 5 years for A then move to B, you still have 5 years redundancy credit with B. Pensions get similarly transferred etc. If you move that is. If you can't won't or don't that is dismissal and you would have a claim against the company.

    Clapco

    Sponsored content

    Re: Anyone Know about TUPE - Employment Transfer of Work

    Post by Sponsored content


      Current date/time is Fri 22 Sep 2017, 9:42 pm