TUPE & pension rights?

lucas123

Some 4 years ago myself and colleagues from a large Service Provider were "outsourced" through TUPE to an external engineering consultants. As a result we lost our input to a Final Salary Pension Scheme although all benefits were frozen.

Now, some 4 years later, the very same Service Provider has decided that the situation hasn't worked well and so, has requested that we are now "insourced" through TUPE. Being a major client of the engineering consultant they have simply agreed.

Now, my query is, as it is the same employer that we were originally TUPE'd from, taking us back, shouldn't we the staff have some right to being reinstated into the Final Salary Scheme? We have been told "no" which seems very unfair as through no fault of our own we would have lost £000's of Pension benefits. We also appreciate that it would have been a different story if we were to be TUPE'd to another different employer.

Any advice would be much appreciate.

Lucas123

getmore4less

AIUI I think you will have to fight for that one. pensions are one area not properly protected by TUPE

nashly

I have the same TUPE situation as the OP but it is to do with length of service and I have had to apply to an employment tribunal as the company involved would not accept that TUPE applies to length of service ?