Need help re TUPE law

Londonsu

Hi I work as a print account manager for an agency onsite at a large food manufacturer, my company has lost the account and another company will be taking over, I have been advised that my employment should be continued under the TUPE Law, the new company is supposed to take over on July 21st


I have had no meetings with the new company regarding my continued employment only an informal chat with them to confiirm the information they have on me re my contract it was left that we would have another meeting and they will let me know if my position fitted in with their new structure ( presumably if they are having an onsite person or will handle the account from their head office in West Yorks ) - however the new company has already started handling projects with the client with people from the new company coming in for a couple of days at a time .


The meeting is due to be held next week due to the HR being on Holiday

The week after I am on Holiday therefore the consultation period will only be from what ever day next week they decide to have the meeting plus the 20th June which does not give me much time

My existing company has not been forthcoming and both old and possibly new employers are blaming each other for the delay in my consultation period

Can any one help or give suggestions as to waht I can do as I am getting really worried

Also my 60 year old Husband is out of work and I am 54 myself and dont hold much hope of getting a new job with the same salary at my age

Mudd14

The old company must resonably consult with you and so must the new so I would raise a grievance with your current comapny to say that you basically have no idea what is happening!

Sorry there isnt really must of an answer but if you were to lose your job it could only be done through redundancy at your new employer, you could then go on to put in a tribunal for failure to consult in relation to the TUPE. So you could mention to your current employer you were seeking legal advice.

Londonsu

Thanks for the info

jazzyman01

How many employees are affected?

PlayingHardball

Hi OP,
Sounds like you are not being treated fairly. I'm about to inform some staff tomorrow that they will be 'TUPIED' over to a new company. I won't bore you with the details, but I can give you a few facts that I have HAD to investigate to make sure I stick to the employment TUPE laws.

First of all, your employer MUST give first verbal information that a TUPE will take place, then they MUST follow this up in writting. There also MUST be a 5 week period from the time you were officially informed to the time that the TUPE transfer may take place.

Also, as part ot TUPE law, the new organisation has to take over your existing contract exactly as it is, Pension, the works. Nothing can differ. And if you are worried about your job being taken over by someone from the new company, I think you'll find that as long as your current post is still necessary in the running of the new set-up, then they must offer you the same pay and conditions as your current contract.

I have been sent a 20 some page document from my HR, I would suggest you need to ask more questions of your HR department.

If you feel your job is shaky, do take legal advice, as I think your rights here come before the employers!

It sounds like they are doing sloppy work, good luck, ask for some answers.

Londonsu

jazzyman01 wrote: »

How many employees are affected?

Just me the rest of the people looking after the account in my present job are
going to stay with the old company as they work from another site

Mudd14

PlayingHardball wrote: »

First of all, your employer MUST give first verbal information that a TUPE will take place, then they MUST follow this up in writting. There also MUST be a 5 week period from the time you were officially informed to the time that the TUPE transfer may take place.

Good info Playing Hard Ball, my only addition is the old employer must give resonable notice (it does not specify how long), fo instance if you were given notice on a contratc of one week, one weeks notice to employees would be resonable as there would be no way you could give anything longer!

Andy_L

PlayingHardball wrote: »

Also, as part ot TUPE law, the new organisation has to take over your existing contract exactly as it is, Pension....

pension does not have to be identical, there has to be a pension that meets the minimum standard (a 6% employer matching contribution). Unless a better deal is agreed as part of the transfer contract

Londonsu

Update

I work on site at the Food company 5 days a week

Today the marketing manager of the food company has introduced an onsite person from the new agency who will be onsite for 3 days a week ( in other words the job I am doing now which should be TUPED but less days)

Is this legal

PlayingHardball

AndyL - are you sure? My situation is difficult with a 'Council' pension being TUPE'd to a non council pension, very concerned I get this right in order to keep things all above board and legal and avoid future grief.

Andy_L

Yes, although, in the Civil Service at least, Public Sector transfers insist on the new pension scheme being "broadly comparable" but thats a matter of contract negotiation rather than employment law