Soldato
Nope. They have to honour your current contract for 2 years.
Been through this in 2004-5
Work post - TUPE questions
- Thread starter squarehead94
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Nope. They have to honour your current contract for 2 years.
Been through this in 2004-5
Not entirely true, I was moved over on TUPE and the terms I got were the same (eventually lost my final salary pension though) but then was on-sourced to another company 12 years later and immediately put on redundancy notice, as long as they follow process they can make changes, there was 30 of us who moved and they only wanted to keep 2 people.
The big thing there was that you had to apply for one of the 2 positions and thus sign a new contract, this would've signed TUPE away so I didn't apply and took my redundancy.
Also don't convince yourself you are so specialised they can't get rid of you, over the years I have seen many people (most of them the only person who can do that job in the company) be let go even though they thought they were bulletproof.
Soldato
There is two sides to a TUPE - either they want the business and skills when they bought your company and you will transfer across without much change and will carry on as normal or they bought the company for the business they had but don't really want the staff (can use their own and make savings). Then expect a TUPE across to the new company but then standard redundancy rules apply. Sound like if you are a specialist you should be OK. Sometimes being absorbed into a bigger org can be a good thing with more opportunities and better benefits / perks
Deleted member 66701
D
Deleted member 66701
I left HP on VR three years ago.
Soldato
Not sure if it is covered by a TUPE move and might not make much difference if not been with current company for a while, check to see if the length of service resets when you move over.
Knew someone who was with company A for 10 years got TUPE'ed to company B was made redundant a year later but told only been with company for 1 year not 11 if that makes sense.
Kimbie
Knew someone who was with company A for 10 years got TUPE'ed to company B was made redundant a year later but told only been with company for 1 year not 11 if that makes sense.
Kimbie
Permabanned
We are now out of the EU, why is TUPE still around? its an EU directive. BREXIT won, down with all EU laws we want our freedom back.
Soldato
Oops sorry yes thats what I had meant to put.
I think most will give some guarantees and apply a commen sense approach to changes to contracts, but Ive seen some super aggressive very quickly.
Easiest approach is to offer new contract with new terms and start the redundancy threats for people who don't sign.
Soldato
Service afaik always gets transferred as long as its continuous.
LOL wut?!?!?
We don't officially leave the EU until after we've activated Article 50 and negotiated an exit, the Brexit was to gauge opinoin on if we as a populus wanted to remain as part of the EU or not.
That is in breach of TUPE as unless you sign a new contract with the new company your length of service is continuous.
Mine was carried over twice and I got paid out on 23+ years service.
Soldato
TUPE does preserve your contract, rates of pay and length of service, where you are vulnerable is redundancy and only you can see if the acquisition will result in duplicate posts where you will be the weaker choice. They do have to consider duplicate roles fairly, its not ok to just get rid of the new guys iyswi but the could squew the critera to bias the people they want to loose.
In my experience its a good thing for good people, the dead wood tends to fall by in the process and the good people engage with the new opportunities.
In my experience its a good thing for good people, the dead wood tends to fall by in the process and the good people engage with the new opportunities.
Not always the case though, depends on who's doing the evaluation as I know 'dead wood' as you put it still in the same position after several TUPE moves whereas most of the time good people know they're good and will leave because they know they will get work elsewhere.
As always there's many variables but definitely the best thing to do is get union representation as they will ensure TUPE is followed correctly (I joined Unite for 3 months while I was under the consultation period, as soon as I got the pay out I cancelled my membership cost me £36 to ensure I got 100% of the money that was owed to me)
You are indirectly at a greater risk if you've been through TUPE, particularly for roles which are common across business units (e.g. admin and support roles) as you stated. And yes, the risk is the same for both sides of the combined business.
My reason for pointing this out is because all previous posters just seemed to be saying it's fine, nothing will change. That's not necessarily correct (although that doesn't mean a redundancy will happen either).
Soldato
Signing a new contract should also not affect continuity of employment.
Soldato
- Joined
- 21 Apr 2007
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What you need to watch out for is them asking you to sign anything e.g. something that implies you agree to a change in your employment contract.
From my experience I would advise anyone who TUPE's into a larger organisation (outsourcing agreement for example) to not just continue doing your existing job like nothing has happened.