Tupe

Gm5274

Hi all, a little bit of advice would be appreciated if possible.
Having been TUPE over from my company to another on the 1st of June all employees going to the new company were under the understanding that our terms of contract stayed the same unless a mutual agreement was made between the new employer and employee, and that we were also entitled to a continuos service which I'm my case was 15 years. Today I received a new contract from the present employer the very first line of which read
" Your employment began on 1st June 2016. No previous employment counts as part of your period of continuos employment " I read that as discounting my previous 15 years, under TUPE is this correct, it all seems a grey area.
Many thanks in advance....G

sangie595

You are correct about continuous service - it remains intact, so should show your original start date. You need to get this changed.

You are not correct about the protections on your terms of employment. TUPE protects your terms at the point of transfer. In theory, that means they cannot be changed unless you agree, and that protection lasts for ever. In reality, the minute the transfer is complete, your terms are in danger. The employer simply has to demonstrate an economic, technical or organisational reason for changing them, and you are screwed. Given the spectrum of things that could fall within those categories, it's relatively easy to change them, and to enforce the change.