Down to the wire with TUPE

Mr_Falling_Star

Can anyone help?

I work for a company whose contract with the Goverment finishes on the 30/06/2011. We have been told that we are entitled to TUPE and indeed some people have moved across to new companies doing the work already. However there are some people left to be assigned. I know which company I am going to but they are dragging their heels somewhat. What happens to me and my colleagues if this is not sorted out by the end date of the 30/06/2011. Do we still report for work for our "old" employer? Does our "old" employer still pay us until they can effect a transfer? Because at the moment we are being told our new employer will pay our wages

Its worth pointing out my contract is not fixed term but a permanent one

Thanks

SarEl

You ask your employer what you do. Normally you would report for work as normal, but you do have to ask.

Mr_Falling_Star

Thanks SarEl

Our employers are not being very helpful and not pushing matters and what concerns me is that we are going to get to next week and then end up in some administrative black hole. I can imagine them saying "you finished with us in the 30th, take it up with your new company" and the new company stating that as yet we have not been transferred. I don't think this will happen but I am a strong believer in thinking things through and covering the bases.

I would imagine if we do end up in this black hole then we have some sort of recourse like ACAS?

getmore4less

My understanding very* simplified is that those that are considered to be part of the contract that is finishing effectivly belong to the contract so go wherever the contract goes.

If the new employer can't offer you the job you were doing on the contract at the old place they have to find a sutable alternative or make you redundant.

I thought is follow that contract and chase up when the transfer is taking place. I don't think they can delay just because they don't know what to do with you.


* TUPE seems to be one of those situations where no one knows the rules and so what could be a very simple operation becomes complex especialy if one or both sides don't want to "do the right thing".

downshifted

Be very careful. If you have a union, get talking to them now. I have a friend who was piggy in the middle between two employers and was abandoned by both of them. She has not been paid since February and the case goes to Tribunal in the Autumn. One employer argues that her work had diminished - so TUPE does not apply - the other says it hasn't and she transfers. Neither of them are paying her and she is taking them both to Tribunal.

I have posted on her plight - do a search on downshifted and TUPE

I hope you get sorted without this kind of problem arising

Best wishes

diable

It looks like the y haven't implemented a proper procedure for you to be transferred over. You must turn up on the first day of work after the transfer date as if you don't then it means you have resigned. i would check over all the paper work that you have regarding the consultation period as I got screwed (did me a favour) as when I was TUPE'd I ended up on gardening leave then being made redundant.

ceridwen

SarEl wrote: »

You ask your employer what you do. Normally you would report for work as normal, but you do have to ask.

Good advice and, personally, I would make sure that my request was in writing and I kept a copy (ie as proof of the situation).

Personally - I would tend to put some wording to the effect that "I will regard myself as continuing to work for (original) firm until date I am officially notified I will be commencing at new firm".

Having put that point in (and ensured they know you have kept a copy) then you have good grounds for stating "I was still working for (original) firm at that date - as they hadnt told me otherwise".;):) That should help a bit if you DO end up in an "administrative black hole".

Mr_Falling_Star

Thanks to everyone for your help. I have got a letter from my new employers saying TUPE applies so hopefully I should be OK (and I would count getting paid leave then being made redundant as a result )