Advice regarding TUPE

Hinni

I have just been TUPE'd across to new employer thru the loss/gain of a new contract. I have been with the new company for only 2 weeks and I am due to have a meeting with HR regarding the possible close of the contract. There is a flaw in the contract rendering it unworkable and I have yet to carry out my role, hence the reason for my possible dismissal. Am I right in thinking that if there is no contract, therefore no job, they can let me go? Is that correct? I am still under my same terms and conditions that I had with my old company, so no new contract. I NEVER even received a contract from my old company anyway! Is there anything I need to know or do?
Sorry this seems long winded but my heads in a spin at the moment.
Any advice appreciated.

tigtag02

I'm not too sure of the implications due to your length of employment but you should TUPE over on the same T&C's

HTH
tigtag

Hinni

Hi Tigtag,

I have tupe'd over on the same t&c's but now, after only 2 weeks, they seem to be terminating my employment because they say that the new contract (the one that the company has just won) is no longer viable?! Just wondered whether they were able to do this?

tigtag02

Sorry Hinni

I misunderstood - I thought you were only employed for 2 weeks before the TUPE.

How long have you been in the job in total.

I'm not sure that they can do this - I think that they have to treat you as if the TUPE never happened therefore if your job is not viable then you have to be made redundant!!

However, I am more payroll than HR so I cant advise you with 100% accuracy - I'm sure someone else will be along with a pointer in the right direction.

My other advice would be to contact ACAS.
HTH
tigtag

CFC

Hinni wrote: »

I have just been TUPE'd across to new employer thru the loss/gain of a new contract. I have been with the new company for only 2 weeks and I am due to have a meeting with HR regarding the possible close of the contract. There is a flaw in the contract rendering it unworkable and I have yet to carry out my role, hence the reason for my possible dismissal. Am I right in thinking that if there is no contract, therefore no job, they can let me go? Is that correct? I am still under my same terms and conditions that I had with my old company, so no new contract. I NEVER even received a contract from my old company anyway! Is there anything I need to know or do?
Sorry this seems long winded but my heads in a spin at the moment.
Any advice appreciated.

I think you'll find that the meeting with HR is a consultation meeting re redundancy. Have you had a letter telling you exactly what the meeting is about?

Hinni

Thanks both.
I have only been with previous company for 3 months so no chance of redundancy. I NEVER received a contract from my old company - despite my chasing them. I know that I have been transfered under those t&c's but as I haven't seen my contract I have no idea what they are!!!
I have heard (thru my new manager) that the NEW company plan to hand back the contract. This is a government initiative and there are issues with double funding - DWP and JCP are involved so its a hot one!
Will contact ACAS also.
Thanks again.

hex2

Hinni,

I am a HR Manager specialising in TUPE. People do indeed transfer on their current t and c's, but can be made redundant post transfer if there is a suitable ETO reason, eg signifcant changes for the way the contract is won. You (or your union) do have a right to be consulted with by both sides, and the penalty for failing to do so is up to 13 weeks pay.

If they do dismiss you then there isn't a lot you can do as the qualifying criteria for unfair dismissal is one year. What you need to do is check what your notice entitlement would have been, and make sure that you get it. Your former employer is legally obliged to provide this information to your current one, who should provide you with written confirmation of them. You could tribunal for failure to provide written t and c's in the first 12 weeks. I should write directly to your original employer formally requesting a copy, however any liability for failing to provide them would probably tranfer to the new employer. (Confused? You should try doing it for a living.....)

It may also be that you are to TUPE to whoever is to take responsibility for the work, and that this is the start of commencement of consultation again.

Not a lot I can say that is helpful tbh. It is a specialist subject, and often the very kind, supportive and hardworking people at ACAS just don't have the knowledge to help. The case law changes things regularly, and the whole set of regulations changed a lot last year which has yet to filter through to case law very much.

lynzpower

hx

what is the point of taking the case to tribunal for not recieving a contract- what does this achieve, jsut thinking about my OH in all this??

hex2

Lynz,

I am really not confident on my answer on this one, but it used to be an automatic £200 fine and you could do it whilst in their employment (hmm, like you would.....)

I will do some rooting round. Can you tell it is raining, the boys are behaving and the house is (fairly) tidy.......

acas say:
Employers must give employees a written statement of the main particulars of employment within two months of the beginning of the employment. It should include, among other things, details of pay, hours, holidays, notice period and an additional note on disciplinary and grievance procedures.

link to the dti advice http://www.dti.gov.uk/employment/employment-legislation/employment-guidance/page16367.html#how_is_a_reference

There doesn't seem to be an amount for it any more, it was just something I learnt when I was qualifying some years ago. For the OP it would mean that the tribunal could decide how much notice she would have been awarded by reference to other employees notice periods, etc. Could get a months notice instead of the statutory week for up to one years service. It also helps demostrate their unreasonableness which may up the total award.

lynzpower

you can always pop round to mine and give it a once over if you like hex flying doesnt happen at all now Im backat work :eek:

Tupe is fascinating tho ( i would say that, I only looked into it a bit when I was shop steward!) and growth area :rolleyes:

hex2

Lynz, TUPE is fascinating if it is not happening to you. I work in contracting and it is just a way of life for people (what colour is the uniform this time being a common question). There are a couple of bits of case law that I was involved with up to court of appeal level - my five minutes of fame and all.

I think I will decline on the Flying, thanks. Hard enough managing children, house, garden and part time work.....