Take it or leave it

lonestar1

Make sure OH asks in meeting with HR if TUPE Applies and if not why not - Then check out hwat they said Defo do not sign anything also may be an idea to take someone with you to the meeting as a witness to whats said

Teazel

ACAS and CAB offer free employment advice too. TUPE is very complicated.

But it sounds like TUPE applies, there is no need for people to have new contracts as eveyone transfers over automatically on their existing ones. Looks like they are trying to say that people who don't sign the new contracts have objected so that they might not be entitled redundancy pay from the new company. Also any redundancy should take place after the transfer not before as this will be automatically unfair dismissal. I would check with ACAS, CAB or a lawyer but I would be tempted to send a letter to your company saying that you want to be TUPE transferred across on your existing contract, that your not objecting to the transfer and don't see any need for a new contract which is why you're not signing it.

Both the current company and new one should be consulting with the staff affected and outlining any measures (such as redundancy etc) that they might be planning.

chatnoir

My oh asked about the signing of a new contract...apparently its not a contract its just a letter stating that he understands his job has been moved? or something to that effect...its all a bit of a mess, our company seems to be doing what ever they can do to screw people over!

Debt_Free_Chick

TUPE actually safeguards his position. It means that the TPA has to honour all the terms of his existing contract. That ought to include his bonus, as well - has he asked if the TPA is going to honour his bonus?

The commute is not an issue, IMHO - an hour's commute for those that work in London in nothing. My commute is nearly 2 hours door to door, although I did choose to live rurally rather than "in town". But the point is that I don't think an hour's commute on public transport is unreasonable, in London. Check what his contract states about place of work, but bear in mind that it can be changed. There's no protection unless the new location means staff need to relocate to a new area.

Try to see TUPE as a positive thing - it means that his contract of employment is unaffected by the transfer. It's not true to state that he has forfeited any "right to redundancy". Redundancy is only a right where an employer is seeking to reduce posts/positions. This isn't the case here - the posts/positions have been transferred, hence there is no redundancy to consider. Your OH still has "the right to redundancy" if the TPA decides to make posts redundant in the future.

chatnoir

Hi, this OP

Just wanted to post an update on this.

My Oh has just had a meeting with HR who have told him that to get to the TPA's office he would have to drive, HR have agree'd that for him to travel by public transport would be unresonable. They have suggested that they offer an interest free loan that is deducted from his pay for a new car (as we only have one, and if I wanted to go out in the evening I would have to wait for him to get home..I do evening courses and gym etc)

But why should we lose money on a car that we only need because they have moved his job? and its not just the price of buying a new car, what about insuring and taxing a new car? If they offer this "solution" can he turn it down and still be covered by the Tupee rule of Resonability????

Thanks for your help