TUPE questions
head_above_water
Posts: 73 Forumite
3 weeks ago I asked for advice on redundancy and got some helpful advice, my situation has changed now and I could possibly be tupe'd to a new company. they have been negotiating details for the last 2 weeks, but I was only told today. my question is that if I am tupe'd do I have any right to be consulted with and have a representative. I looked on GOV.UK and it said legally they have to consult with me and have a rep, but I can't decide if this reads before the transfer, as in before the physical transfer or before negotiations.
It seems both companies are talking but the people who it affects the most, me and my 6 colleagues are kept in the dark
It seems both companies are talking but the people who it affects the most, me and my 6 colleagues are kept in the dark
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Comments
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If someone buys the business as a going concern they will inherit your terms and conditions.
The company i was a director of sold out last year and the new company issued the employees new improved contracts with confirmation of how many years service was carried over to them.0 -
Yes they have to consult with you before TUPE transfers take place. Yes you can have a representative (colleague, TU rep) with you.
If you are not a member of a TU, it is at times like this that you may regret this. If you are contact them.Few people are capable of expressing with equanimity opinions which differ from the prejudices of their social environment. Most people are incapable of forming such opinions.0 -
I was TUPE'd in my job eighteen ish months ago and yes, we had to be consultedI’m a Forum Ambassador and I support the Forum Team on the Health & Beauty, Greenfingered Moneysaving and How Much Have You Saved boards. If you need any help on these boards, please do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com
All views are my own and not the official line of MoneySavingExpert0 -
Hi all. I am desperate for advice on my situation. I work for a large company which provides a service valet parking. They recently lost or ended their contract with the Hotel where they are now saying i am costed because most of my driving is done there, although i also drive cars to another hotel. The staff which drove mainly for the other hotel have been paid redundancy and even zero hour staff who have been working there under 2 yrs have been promised money.There are 3 of us that wont get a penny because another firm is providing the same service we are (alongside us) they came in 2 wks ago ( and we are being tuped on 7th Oct) .Our firm met with us on Mon 4 and informed us that they are in contact with the other firm of tupe transfer however they didnt even have the decency to tell us who the other firm is and we found that out by contacting their boss when we saw him at the hotel.He has stated categorically that he will not be tupe transfering over any of us and that he has his own staff and no responsibility to us whatsoever. We will be out of work on Fri with no redundancy and our current firm are telling us that their responsibilty for us ends on fri afternoon!!0
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Then I am afraid that you will have to go to a tribunal. As far as I can see, your employer appears to be correct and this is a TUPE. On that basis this isn't a choice for your current employer - they cannot make you redundant, and must TUPE you to the new contract holder. If that then requires a redundancy process, they must undertake it. If the companies cannot resolve this, your only choice is a claim against both companies for unfair dismissal. Then let a tribunal sorry out which is responsible.0
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Thanks for the reply. are tribunals expensive?0
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Yes, I am afraid so. On this, £1250 is the full cost. They may settle before the full tribunal which means it won't be as much, but it is still £250. And there is no legal aid for a lawyer, so you would have to do it yourself. You might get help with fees. Have a look here for a simple explanation of how it works - https://www.citizensadvice.org.uk/work/problems-at-work/employment-tribunals-from-29-july-2013/what-will-it-cost-to-make-a-claim-to-an-employment-tribunal/employment-tribunals-how-to-apply-for-help-with-fees/0
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Thankyou so much for your help very much appreciated. Met with new firm today as my rota happens to state i am on shift. He has stated that he will not be tupeing me over and that his staff are all self employed and dont do the same hours as me.0
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mainemouth wrote: »Thankyou so much for your help very much appreciated. Met with new firm today as my rota happens to state i am on shift. He has stated that he will not be tupeing me over and that his staff are all self employed and dont do the same hours as me.
That is irrelevant. Both employers are responsible for sorting this out - any claim must be against both of them.0 -
Again Thank you very much for your help0
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