TUPE - trial on a new job

DianeJon

My role is transferring under TUPE regulations. I will trial an alternative job for 8 weeks. If after the 8 weeks trial is up, and I decide to leave, will I still get my full entitlement re notice period paid? I am entitled to 12 weeks notice period. My employer has told me that if I do this trial for 8 weeks and then leave that I will only be paid 4 weeks notice period. In effect in doing this trial I am forfeiting 8 weeks of my notice period pay- therefore I am paying my employer for trying this job.

getmore4less

Does your employer normaly pay PILON or have people work their notice.

Why are you trialing a new job? TUPE means you should transfer with your current job.

If you are at risk(which you should be if trialing a new position) then they should have given you details of your package, is PILON included in that or are they expecting people to work their notice.

Not sure on the full rules for trial periods they can run concurantly with consultation but not sure about notice

http://www.direct.gov.uk/en/Employment/RedundancyAndLeavingYourJob/DG_10029844

the reads that the normal notice should apply at the point you or the employer decide the job is not a suitable alternative, I would want to read more examples, search ( redundancy trial period notice ) brings up plenty of links.

McKneff

Hi Diane, just a personal observation.

Looks like your employer is using the eight weeks trial as part of your notice period and then the 4 weeks as the balance of the 12. I Dont think your forfeiting any money, you will still be paid for the 8 weeks its just that you will be working for it. I presume you have worked for the company for over 12 years then. Ie 1 weeks notice for every year or is 12 weeks notice in your original contract.

p00hsticks

Like getmore4less, I'm a bit confused by your post. If your role is being TUPEd, then I thought you just carried on doing the same job, but for a different employer...?

DianeJon

McKneff wrote: »

Hi Diane, just a personal observation.

Looks like your employer is using the eight weeks trial as part of your notice period and then the 4 weeks as the balance of the 12. I Dont think your forfeiting any money, you will still be paid for the 8 weeks its just that you will be working for it. I presume you have worked for the company for over 12 years then. Ie 1 weeks notice for every year or is 12 weeks notice in your original contract.

Yes, I have worked for the company for over 12 years. As I understand it I can take the 12 weeks pay in lie of notice. My colleagues and I would like to stay but at the moment the jobs that are on offer are telephone roles in the Collections Department. This type of work is completely alien to me, though I would be tempted to try an 8 week trial if I knew that my 12 weeks in lieu of notice pay was secure. If the payment was not secure I would have to think very carefully, as leaving the company with 8 weeks less pay would be a big drawback if I was facing unemployment.

DianeJon

p00hsticks wrote: »

Like getmore4less, I'm a bit confused by your post. If your role is being TUPEd, then I thought you just carried on doing the same job, but for a different employer...?

My job role is moving 200 miles to another site. I can apply to be considered for an alternative role within the existing company, but it would mean a radical change in my role.

simpav

re TUPE, our jobs were all tupe'd abroad, there was no way we could go there => redundancy

LittleVoice

simpav wrote: »

re TUPE, our jobs were all tupe'd abroad, there was no way we could go there => redundancy

The PE in TUPE is Protection of Employment. If the work has been transferred abroad, there is no PE involved. They were not TUPE'd: you were therefore dismissed on the grounds of redundancy.

simpav

hmm, we were definately told that our roles were bring tupe'd.

So were the tupe and the redundancy separate events. Over 100 roles went abroad as a result of which >100 uk roles were made redundant.

Are you an employment specialist Littlevoice?

KeithP

Simpav, a similar thing happened to me...
My job was outsourced to a different employer who had plans to move the job abroad. These were clear plans and they were quite open about it.
The new employer went on to say that if I didn't want to follow my job abroad then I could accept redundancy.
So I did technically transfer to the new employer, the TUPE bit... and then almost instantly accepted redundancy, with of course all service with previous employer counted.

kateab

Redundancy is allowable under TUPE if there are economic technical, organisation and other reasons for doing so (referred to as ETOO sometimes).

kateab