TUPE Query - can our employer do this?

Mad_about_the_boy

Sorry for the length of this post, I want to be as clear as possible as there’s a group of us desperate for advice.

The NHS organisation I work for in the north of England provides support for learning disabled people to live as independently as possible in the community. The organisation also provides, under a separate contract commissioned by the county council, respite care for profoundly physically and learning disabled adults who live with parents/carers. The respite contract is coming to an end and a private sector organisation has won the new contract, starting in September.

There are 10 of us in the respite team.

Our bosses have told us that we will TUPE over to the new organisation as it is unlikely that there will be equivalent vacancies in the rest of our current organisation for us to move over to.

Two of us within the team informed our line manager that we'd like to apply for current vacancies within other teams (supported living houses) in our organisation.

Our line manager then told us that although we are qualified and suitable for the posts in question, no-one in our team can move within our organisation even if there are vacancies as parents/carers have been promised that the team as it stands will move to the new company to ensure continuity of care and, as we're all specialist trained, it would be expensive for the new organisation to train people up to our level.

Everyone on the team has been with our current employer for over 4 years. We currently earn 8.05 per hour. We don't get paid overtime, however we do get time and a third for Saturdays, Sundays, bank holidays and waking nights.

The new employer pays 7.20 per hour with no extra for Saturdays, Sundays, bank holidays and waking nights - it's just a flat rate. Holidays and sick pay will also be cut. We’re not been given any information about pensions yet.

We've been told verbally that our current terms and conditions will be protected for two years with our new employer. However, one of our other managers (who is major league cheesed off with our current employer) has said that this promise isn't worth the paper it hasn't been written on. That the new organisation can amend our contracts whenever they want and that if we don't accept the new contracts we won't be entitled to redundancy.

Can anyone tell me/us how TUPE works?

Can our current organisation refuse to let us apply for current vacancies and force us to move over?

Any advice would be greatly appreciated.

Mad_about_the_boy

Other than this situation, our current employer is excellent which is why we want to stay.

getmore4less

TUPE means you move with your existing T&C allthough pension can be an issue I think the NHS normaly insist on the new employer providing similar certainly in some cases I know this has happened.

You should get the same rates of pay and holidays and sick as you do now.

You probably will have to move since you do the role that is transfering.

Allthough the current/new employer might try to block it I think you can apply for the jobs and just resign your existing position.

Check the NHS rules for contintinuity of employment I think there are special rules for these kinds of transfers out and back in.

mjm3346

Mad_about_the_boy wrote: »

We've been told verbally that our current terms and conditions will be protected for two years with our new employer. However, one of our other managers (who is major league cheesed off with our current employer) has said that this promise isn't worth the paper it hasn't been written on. That the new organisation can amend our contracts whenever they want and that if we don't accept the new contracts we won't be entitled to redundancy.

Can anyone tell me/us how TUPE works?

Can our current organisation refuse to let us apply for current vacancies and force us to move over?

Any advice would be greatly appreciated.

Terms and conditions are protected under TUPE, there is no set time limit on how long the protection lasts.
If you refuse to transfer you are not entitled to redundancy as you are (under TUPE) deemed to have resigned (unless your contract of employment states otherwise), effectively you are forced to move over.

There is a guide to TUPE on the BIS website-

http://www.berr.gov.uk/files/file20761.pdf

Pepper07

sorry to jump in but i am in the same position but i am due to go on maternity leave in a few months - will the new employer who i get transferred over to have to pay me the same company maternity pay or will i just get SMP? with my current employer we get 3 months full pay then SMP after that

thanks for your help

Flooz

Hi Pepper07. I'm an employer just about to transfer my business, and have one employee due to start maternity leave 3 weeks after transfer.

Her terms of her contract are not to be unilaterally changed by the new business owner. Likewise, your new employer must honour the terms of your contract, including any extra maternity rights.

TUPE laws can be complex and there MAY be ways round honouring contracts, if an economic reason can be proved. But it's not easy for them....