Tupe

susioux

I had worked for a company for 23 years, and was then passed on to another company by way of Tupe. The contract with the new company is for 5 years, just reached the 3 year mark. What happens if my role is still required after the 5 years, but my old company doe's not renew the contract with my present employer. Will the old company by law have to either put me to another company, or take me back in house.
Also if I am made redundant by my present company can I legally contest it if indeed the work is still required by the old company, before and after the contract ends.

jm2926

I've seen this happen in IT where the contract went to another third party or back inhouse. Tupe applied and people were moved to the new company in both cases.

However, this assumes the role is still required. I have also seen it where less roles were required and some people were moved to other contracts with the original employer, while others were made redundant. I have also seen a full Tupe of staff to a new employer followed by redundancies in the following 6 months as processes were improved reducing staffing requirements.

Toward the end of the contract the two companies discuss renewal and future requirements which should cover legal requirements in the case of the contract not being renewed.

Length of service is retained with Tupe.

susioux

Thanks, I know my old company will still need this role, but my new company has other employee's doing the same role but in another location, about 100 miles from where I am now and my old company, but have suspicions that because in Tupe our salaries and pension were quite different in that I mean more, my new company will try and make us redundant before the contract ends.....

hcb42

if at the end of five years the current employer loses the contract, and another new company takes over, then you would TUPE again.

Happened in my old company once, after five years. Some people been there 20 years, same desk 4th employer lol!