TUPE and changes - redundancy!!

diable

After a year they can screw you over.

getmore4less

redundancies have been mentioned and we are ALL on a 12 week probationary period!!!!

where has this probation come from?

the TUPE transfer has not happened yet(April 1st?)

AIUI there cannot be a probation period with TUPE so get it in writing.

perhaps they mean consultation

Andy_L

diable wrote: »

After a year they can screw you over.

Not quite true. After 1 day they can screw you over :-). However so could you're current employer in exactly the same way.
All TUPE means is they have to screw you over in accordance with your existing contract so it only really matters to people with a contract that provides better T&Cs than the legal minimum

sugarbabe-47

Getmore4less
The new *contracts* (which I am hoping is just standard paperwork!) that we all signed states that we are joining the new company on a 12 week probation period and in their handbook they can either offer us the position or get rid!! I personally believe that if they want us out they will be using this 12 week prob. period as an excuse to say we are not satifactory for the job, or there is a *restructure*. I understand that no company wants a tribunal against them and I believe that all this will be done legally, however I know that we can't have any consultation until 01st April as you say when we TUPE over. My head is mushed with all the legalities involved! I have recieved a call this morning to say that the new company will coming down on 01st April and I have been asked for input on my staff- which is going to be difficult to carry on working with these people knowing more than them, but I have to protect my position in all of this, which makes me feel isolated from my workforce, and I have to tread carefully myself-confidentiality etc.
Having a conscience does suck at times like this and I am not looking forward to the next few weeks one bit!! But I will keep updating and asking questions and like Grimsalve says it helps chatting on here about the situation and if it helps others facing the same situation then its a good thing
Take care
Sugar x

p00hsticks

Andy_L wrote: »

Not quite true. After 1 day they can screw you over :-). However so could you're current employer in exactly the same way.
All TUPE means is they have to screw you over in accordance with your existing contract so it only really matters to people with a contract that provides better T&Cs than the legal minimum

Yes, that's a good way of looking at things

To answer a lot of the questions on this thread (e.g. can they change my hours, make me work from a different office, change my role etc) the posters simply need to ask themselves (or check in their existing contracts) as to whether their current employer can do so now. If they can, then the new employer will also be able to immediately after the TUPE transfer, and if not they won't.

sugarbabe-47

Hi all
Quick update on my situation. What I have found out now is that a Major Company have secured the contract for the building and Facilities Management of the site I work at. Also they sub-contracted out to another company (the company that have TUPE'd me and my staff over) I believe that BOTH these companies are in talks/battles as to who will pay for redundancies!!
This doesn't sound too good for us at this moment in time. I have a question and have searched most of the morning for the answer, ACAS are sooooo busy I cant get through!!
What I would like to know is as we have all TUPE'd over when can we be made redundant? And am I right in thinking that because of TUPE law we cant be touched for 90 days??? So consultation begins after 90 days??? I would appreciate any answers to these questions as I am concerned for my own job and wondering about my time scales. The reason I am asking is I have been told that on day 3 of our new employer taking over they tried to make some staff redundant on another site and they got told that it was illegal for 90 days? Is this true??

Thanks for reading and helping as always
Sugar x

p00hsticks

sugarbabe-47 wrote: »

What I would like to know is as we have all TUPE'd over when can we be made redundant? And am I right in thinking that because of TUPE law we cant be touched for 90 days??? So consultation begins after 90 days??? I would appreciate any answers to these questions as I am concerned for my own job and wondering about my time scales. The reason I am asking is I have been told that on day 3 of our new employer taking over they tried to make some staff redundant on another site and they got told that it was illegal for 90 days? Is this true??

I suspect that what you have heard is nothing to do with TUPE, but rather the rules regarding redundancy consultation. And the answer is that it depends on how many people they are planning to make redundant. If it is more than 99, there has to be a minimum of 90 day consultation, and between 20-99 at least thirty days. Under 20 I don't think there are any minumums specified.

See here for more;

http://www.direct.gov.uk/en/Employment/RedundancyAndLeavingYourJob/Redundancy/DG_10029835

ladymarmalade1970

I thought when you TUPEd over they had to keep you for at LEAST a year. I have TUPEd twice and was meant to be TUPing again this month but have secured another role. When making my decision this time the person i consulted with did actually say to me they could make me redundant in a year. He implied they weren't allowed to do it before this time frame.

sugarbabe-47

p00sticks - Thanks for that, but I suspect it will be approx 10-18 staff across a few sites, maybe 2 or 3 at each site. So our *12 week probationary period* is up on 01st July 2011, so they can start consultation then or just get rid without paying redundancies?? It seems so unfair and unjust if this happens!

ladymarmalade1970 - Sounds good a year!! that will give me chance to sort myself out - but how true is this? I cant seem to find anything on the net - I have been reading TUPE Law till its mushing my brains but cant seem to get an answer about the time frames.

Company 1 and Company 2 are in meetings all the time re staff redundancies, hours cutting etc etc. It appears that there will be job losses on most of the sites. Company 1 as I have said, sub-contract to Company 2. If Company 2 do not want to pay our redundancies will Company 1? Its all so damn confusing!!!

Thanks for any help/answers.
Sugar x

getmore4less

ladymarmalade1970 wrote: »

I thought when you TUPEd over they had to keep you for at LEAST a year. I have TUPEd twice and was meant to be TUPing again this month but have secured another role. When making my decision this time the person i consulted with did actually say to me they could make me redundant in a year. He implied they weren't allowed to do it before this time frame.

They can get rid immediately, allthough usualy it takes a little while to consult and justify the ETO(Economic, technical or organisational) reasons.

The company you are TUPE'd to are responsible for the redundancies.

Sounds like they messed up the costings or were duped by the comany that got the contract.