TUPE at work help- can they really do this?

Worried_Kat

Hi all,!

I have been recomended to try out this site for advice after the last couple of stressfull days!!

I basically work in an office where we provide a service for a large range of clients. There are four teams of ten people, each dealing with different aspects of work for multiple clients.!

The company (for a while now) has decided that the team I work on will become the sole supplier for on particular client- taking the work off !the clients own staff (making them redundant) and meaning we deal with everything. This is starting at the beginning of march. When the idea was first mentioned, last July, it was sold to us not a major change other than the work we would be doing.!

Fast forwards to Friday night. We went out for a couple of drinks with another team, whose manager asked whether our team manager had told us about the TUPE yet.!

It turns out that the actual plan was for them to get us to change out contracts completly, changing our employer to that of the client. HR are apparently coming in a couple of weeks time to speak to us about the changes, which are apparently immediate.!

To say I an unhappy about this is an understatement! The clients main role is nothing at all like I would like to progress into, they have a reputation for not treating staff overly well (they don't pay sick leave for example) nor do they pay for professional exams.!

I guess, (sorry about the rambling), the point of this is to ask for help! I really, really don't want to work for them but cannot afford to quit the job as I've just taken out a new mortgage with my boyfriend! Can they really just change my employer like that? We would still be in the same office dealing with the same work! I've had a quick look on google and it seems that TUPE would only normally apply if a company is sold, not one (very small) part of it dealing solely with one client? !

Any help you can give would be much appreciated- have spent the weekend worrying about it!!

50Twuncle

TUPE takes months - there are extremely complex procedures to follow - they can't / won't just spring this on you "overnight"
I suggest that you get some advice from a union

jamesperrett

21Twinkle wrote: »

TUPE takes months - there are extremely complex procedures to follow - they can't / won't just spring this on you "overnight"

Hmmm - I know of two cases where they almost have. In one case the employees were given a weekend to decide whether they wanted to accept it or make themselves redundant. In the other it was announced as a done deal but the employees were given 2 months warning before being transferred.

Cheers

James.

polgara

You need to get advice asap - its not true that TUPE only applies if a company is sold, if a significant part of a role is transferred to another provider then TUPE could/would apply to staff undertaking those tasks.

T&Cs 'should' be protected but TUPE is quite a complex area - are you in a union?

Worried_Kat

Hi, thanks for the advise so far! We do not have a union at work unfortunatly.

I've read about them not being able to give you a worst contract, bug does that extend to procedures. For example, in my contract it states that I am entitled to exam support in line with the company policy. This is essentially unlimited choice in which professional exams you choose to do, payments of around £500 per passed exam and study leave. The new company is infamous for providing no support at all and given that I am about three years into them it would be a huge loss. Another thing is sick leave. Again contract states in line with company policy and this is paid, wheras thx other companies policy is not to pay it.

I suppose what I ammost worried about is my team being on the same contracts in theory as the rest of the people in the office however the frailty of them being far worse!

eamon

You really need to begin researching TUPE and from the basis that this is going to happen. For starters follow this link

http://www.berr.gov.uk/whatwedo/employment/trade-union-rights/tupe/page16289.html

and

http://www.direct.gov.uk/en/Employment/index.htm

and

http://www.acas.org.uk/index.aspx?articleid=1411

Finally get as much information as poss from your employer re their intentions and make contact with a "good" employment law solicitor (this person needs to be uptodate). Also its never to late to join a trade union there will be one for your industry.

Best of luck

Eamon

terra_ferma

Tupe applies when contracts end or suppliers are changed.
For example employees are transferred from the client to the contractor when the function is outsourced.

In this case it may well go the other way round, if a certain percentage of their time is spent on that particular job.
What seems really odd is that they are making people redundant and then take the contractor's staff on to do the same job. Very strange as if what you are taking on is someone else's job Tupe does not apply.
Basically you follow your job from one employer to the other, but don't move to take on a different role.

50Twuncle

eamon wrote: »

You really need to begin researching TUPE and from the basis that this is going to happen. For starters follow this link

http://www.berr.gov.uk/whatwedo/employment/trade-union-rights/tupe/page16289.html

and

http://www.direct.gov.uk/en/Employment/index.htm

and

http://www.acas.org.uk/index.aspx?articleid=1411

Finally get as much information as poss from your employer re their intentions and make contact with a "good" employment law solicitor (this person needs to be uptodate). Also its never to late to join a trade union there will be one for your industry.

Best of luck

Eamon

Thompsons Solicitors are the ones used by the Unions - they are probably the best placed to advise you
Do you have cover under your home insurance policy ?
Worth checking for "Legal Advice cover"...
failing that JOIN A UNION - GMB covers *most* job roles
I would strongly advise the latter in any case

Zazen999

21Twinkle wrote: »

TUPE takes months - there are extremely complex procedures to follow - they can't / won't just spring this on you "overnight"
I suggest that you get some advice from a union

Not the case I am afraid; I was Tupe'd from my boss' company to his wife's overnight.

50Twuncle

Zazen999 wrote: »

Not the case I am afraid; I was Tupe'd from my boss' company to his wife's overnight.

This was illegal then - if TUPE is followed, which it clearly wasn't in your case - the Unions are consulted and this, alone, can take many months
Your transfer was not an official TUPE transfer - I suggest that you raise it with your union rep...

Zazen999

21Twinkle wrote: »

This was illegal then - if TUPE is followed, which it clearly wasn't in your case - the Unions are consulted and this, alone, can take many months
Your transfer was not an official TUPE transfer - I suggest that you raise it with your union rep...

I don't think so; I was the only employee.......I raised it with myself and agreed that it was indeed the best way forward; and the accountant did the deed in less time than it took to make a coffee.