Lending to UK business weakest on record in July -BoE

lemonjelly

TUPE - transfer of undertakings (protection of employment)

Ha! At last! A question on this board I knew the answer to!!!!!

:D:D

lemonjelly

Damn Thrugelmir & my ultra slow connection!

Thought I might look clever there!

Really2

Thrugelmir wrote: »

TUPE is an acronym for ’Transfer of Undertakings (Protection of Employment) Regulations 1981.

In simple terms I take over the Company you work for.

As an employee your contract of employment stays the same. Pay, holidays, bonus, pension etc etc. Your employment is also regarded as continuous from you joined your original employer. So this affects notice period, redundancy etc. O

I am unable to sack you or single you out for redundancy.

That is why many small firms are sold after the administrators are called in. The administrators can make people redundant and they will only be paid statutory redundancy by the state.
Also the new owners can get away with adjusting the workforce under that same terms for the first few months.

inspector_monkfish

Thrugelmir wrote: »

TUPE is an acronym for ’Transfer of Undertakings (Protection of Employment) Regulations 1981.

In simple terms I take over the Company you work for.

As an employee your contract of employment stays the same. Pay, holidays, bonus, pension etc etc. Your employment is also regarded as continuous from you joined your original employer. So this affects notice period, redundancy etc. O

I am unable to sack you or single you out for redundancy.

Yet you may earn 20% more than a person doing the same job in my organisation or receive 2 weeks more paid holiday.

So little incentive to take over a failing business. Better to buy it after its been put into administration or receivership and restructuring has already taken place.

thanks.

would this cover tiny firms with just a handful of employees?

lemonjelly

inspector_monkfish wrote: »

thanks.

would this cover tiny firms with just a handful of employees?

Gotta be quick!

It covers all employees, regardless of the size of the employer.

Key word here is employees though.

Edit: Yessss!

inspector_monkfish

lemonjelly wrote: »

Gotta be quick!

It covers all employees, regardless of the size of the employer.

Key word here is employees though.

Edit: Yessss!

as long as the employer signs up to it right?
or is it absolutely compulsory ?

Thrugelmir

Really2 wrote: »

That is why many small firms are sold after the administrators are called in. The administrators can make people redundant and they will only be paid statutory redundancy by the state.
Also the new owners can get away with adjusting the workforce under that same terms for the first few months.

In my experience. Staffing and related costs makes up a high % of a businessess operating costs. And not all staff are required following a takeover.

Finance staff etc are a prime example. Receptionists, PA's etc.

Don't forget either that Company Directors are covered by TUPE.

Thrugelmir

inspector_monkfish wrote: »

as long as the employer signs up to it right?
or is it absolutely compulsory ?

No its law.

Thank the EEC.

lemonjelly

inspector_monkfish wrote: »

as long as the employer signs up to it right?
or is it absolutely compulsory ?

It is compulsory. It is a statutory right all employees have.

This is why employees are the key. Agency workers aren't covered by it. But a business with 1 employee is still covered by it.

Really2 is right that business' go into admin to avoid redundancy payments, then get bought out after, as the recievers advise the employees to apply to the national insurance fund for their redundancy pay (& other entitlements) as the ciompany has no assets. Ten minutes later, the company gets bought (frequently, by the old management team, or the previous owners other half!)

lemonjelly

Thrugelmir wrote: »

No its law.

Thank the EEC.

You're just trying to steal my thunder now aren't you :D