Qualifying period for TUPE?

Mrs_Optimist

Does anyone know if there is a qualifying period you must work on a job before TUPE kicks in, following a buy-out by a new company?

Eg DH had worked for 4 years for one company, TUPED to new company which went bust 2 months later. Staff from this company worked on same job for 2 months. A third company purchased the contract (Local Authority work) and now all staff have been put on 30 days notice of redundancy.

Is it right that DH could lose his job at expense of someone who only worked on said job for 2 months?

Morally not I guess, but legally?:o

magyar

Mrs_Optimist wrote: »

Does anyone know if there is a qualifying period you must work on a job before TUPE kicks in, following a buy-out by a new company?

Eg DH had worked for 4 years for one company, TUPED to new company which went bust 2 months later. Staff from this company worked on same job for 2 months. A third company purchased the contract (Local Authority work) and now all staff have been put on 30 days notice of redundancy.

Is it right that DH could lose his job at expense of someone who only worked on said job for 2 months?

Morally not I guess, but legally?:o

TUPE simply says that the new company has to carry across your terms and conditions.

There is no rule whereby a company has to make people who have worked there less time redundant over people who have worked longer. It just means they have to pay those people who have worked longer more redundancy.

If your DH has been working in the same job (TUPE'd across) for four years then he's entitled to a minimum redundancy pay of 1-1.5 weeks pay for each of those four years (tax free).

getmore4less

It is not clear what the time line is.

Did the 3rd company take on(TUPE) all those that were working on the contract that the bust(2nd) company had to give up and is it that company that is now restructuring?

Mrs_Optimist

Sorry for confusion and thanks for taking time to post.

3rd company bought the contract from Administrators but it has to go out por re tender (Local Authority work) under EU legislation. By buying the contract 3rd compay did, by default, take on all those that were working on the contract that went bust (2nd company). 3rd Company is not restructuring but there are now too many men on contract. Had the staff from company 2 not been added to workforce of existing staff of company 1 then redundancies wouldn't be an issue. It may well be the case that DH who worked for several years on said contract is made redundant to someone who worked for only a couple of months on same contract.

That was why I wondered if there is a minimum time you must work to qualify for TUPE. I thought I had read 6 months somewhere.

diable

If the company that he was working for went bust then he is lucky he still has a job, not sure if Tupe applies if another company bought the contract from the administrators and not sure if your husband will get the full redundancy terms as per Tupe regulations.

Hopefully someone with more experience in this field will be along to advise you.

getmore4less

Mrs_Optimist wrote: »

That was why I wondered if there is a minimum time you must work to qualify for TUPE. I thought I had read 6 months somewhere.

Not that I know of, AIUI if you form part of the entity that is transfering then you TUPE you have no choice.

Well that is not entirely true I know of cases where people were moved around just before an "official" anouncment was made, those in the know made sure they were in the best bit and had the people they wanted with them.

Now this could have happened in this case if those in the know about the buisiness viability and new there was someone in the wings so could helkp certain people with the transfer tothis contract.


Consultation and selection criteria are the next step if the new company needs to make changes and reduce work force.

magyar

diable wrote: »

If the company that he was working for went bust then he is lucky he still has a job, not sure if Tupe applies if another company bought the contract from the administrators and not sure if your husband will get the full redundancy terms as per Tupe regulations.

Yes it does. You don't need to formally buy the company, you just need to buy 'the job'.

So for example, let's say company A gets a contract to provide services to company B and hires five people to do the work. If company B decides to award the contract to company C, then those people have to TUPE to company C. If company C decides it only needs four people to do the work, it has to make one of them redundant, it cannot simply not take them.