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  • FIRST POST
    • head above water
    • By head above water 27th Nov 14, 6:04 PM
    • 52Posts
    • 45Thanks
    head above water
    TUPE questions
    • #1
    • 27th Nov 14, 6:04 PM
    TUPE questions 27th Nov 14 at 6:04 PM
    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
Page 1
    • redmalc
    • By redmalc 29th Nov 14, 9:22 PM
    • 1,165 Posts
    • 440 Thanks
    redmalc
    • #2
    • 29th Nov 14, 9:22 PM
    • #2
    • 29th Nov 14, 9:22 PM
    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.
    • BobQ
    • By BobQ 29th Nov 14, 10:37 PM
    • 8,707 Posts
    • 11,202 Thanks
    BobQ
    • #3
    • 29th Nov 14, 10:37 PM
    • #3
    • 29th Nov 14, 10:37 PM
    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.
    • Dizzy Ditzy
    • By Dizzy Ditzy 30th Nov 14, 8:53 AM
    • 16,060 Posts
    • 274,559 Thanks
    Dizzy Ditzy
    • #4
    • 30th Nov 14, 8:53 AM
    • #4
    • 30th Nov 14, 8:53 AM
    I was TUPE'd in my job eighteen ish months ago and yes, we had to be consulted
    I used to be a queen, now I'm just me...
    • mainemouth
    • By mainemouth 5th Oct 16, 9:19 AM
    • 4 Posts
    • 0 Thanks
    mainemouth
    • #5
    • 5th Oct 16, 9:19 AM
    company refusing to accept my tupe
    • #5
    • 5th Oct 16, 9:19 AM
    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!!
    • sangie595
    • By sangie595 5th Oct 16, 12:29 PM
    • 2,735 Posts
    • 4,277 Thanks
    sangie595
    • #6
    • 5th Oct 16, 12:29 PM
    • #6
    • 5th Oct 16, 12:29 PM
    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.
    • mainemouth
    • By mainemouth 7th Oct 16, 9:44 PM
    • 4 Posts
    • 0 Thanks
    mainemouth
    • #7
    • 7th Oct 16, 9:44 PM
    • #7
    • 7th Oct 16, 9:44 PM
    Thanks for the reply. are tribunals expensive?
    • sangie595
    • By sangie595 7th Oct 16, 10:23 PM
    • 2,735 Posts
    • 4,277 Thanks
    sangie595
    • #8
    • 7th Oct 16, 10:23 PM
    • #8
    • 7th Oct 16, 10:23 PM
    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/
    • mainemouth
    • By mainemouth 8th Oct 16, 7:58 AM
    • 4 Posts
    • 0 Thanks
    mainemouth
    • #9
    • 8th Oct 16, 7:58 AM
    • #9
    • 8th Oct 16, 7:58 AM
    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.
    • sangie595
    • By sangie595 8th Oct 16, 12:37 PM
    • 2,735 Posts
    • 4,277 Thanks
    sangie595
    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.
    Originally posted by mainemouth
    That is irrelevant. Both employers are responsible for sorting this out - any claim must be against both of them.
    • mainemouth
    • By mainemouth 8th Oct 16, 1:46 PM
    • 4 Posts
    • 0 Thanks
    mainemouth
    Again Thank you very much for your help
    • carguy143
    • By carguy143 16th Oct 16, 9:35 PM
    • 95 Posts
    • 38 Thanks
    carguy143
    Good luck with your TUPE transfer. Make lots of notes, keep any emails and other correspondence you may have received as you never know when you may need it in future.
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