TUPE or not TUPE?

Stoodles

That is the question. I'm not sure if anyone here can help with facts or advice.

OH is employed by national company A, who supply him to global company X where he has been for over 7 years and is considered embedded. Company A supply others to X, but not in the same work field. Most of OH's immediate colleagues are supplied by local company BB.

A few months ago they were all notified that A had lost the contract with X, and their employment would move to national company C, with their rights protected by TUPE. That process has been extended twice, but is due to happen this weekend. No-one has heard anything from C, and no-one seems to know what is happening.

Management at X have said they want to keep OH, and he thinks they may suggest he goes to BB to secure this.

Yesterday he was approached by regional company J, who have said they would be happy to take him on. They would like to use that to build a presence with X, but are prepared to guarantee him a job anyway.

So there are three questions

1. Will he get paid by someone when he goes to work on Monday?
2. If X ask him to move to BB, will TUPE still apply?
3. If he voluntarily moves to J, but continues to work at X, we assume TUPE won't apply. Is that right?

It is hard to be sure what is the right direction. He would like to stay at X, would prefer not to work for BB but would be happy to work for J. Company A has never been a particularly efficient employer and the total lack of communication suggests C is going to be as bad. There doesn't seem to be much difference in what he would earn between any of the options, and for us his job security and potential redundancy pay are most important as I am unable to work. Any comments or advice?

sangie595

Stoodles wrote: »

That is the question. I'm not sure if anyone here can help with facts or advice.

OH is employed by national company A, who supply him to global company X where he has been for over 7 years and is considered embedded. Company A supply others to X, but not in the same work field. Most of OH's immediate colleagues are supplied by local company BB.

A few months ago they were all notified that A had lost the contract with X, and their employment would move to national company C, with their rights protected by TUPE. That process has been extended twice, but is due to happen this weekend. No-one has heard anything from C, and no-one seems to know what is happening.

Management at X have said they want to keep OH, and he thinks they may suggest he goes to BB to secure this.

Yesterday he was approached by regional company J, who have said they would be happy to take him on. They would like to use that to build a presence with X, but are prepared to guarantee him a job anyway.

So there are three questions

1. Will he get paid by someone when he goes to work on Monday?
2. If X ask him to move to BB, will TUPE still apply?
3. If he voluntarily moves to J, but continues to work at X, we assume TUPE won't apply. Is that right?

It is hard to be sure what is the right direction. He would like to stay at X, would prefer not to work for BB but would be happy to work for J. Company A has never been a particularly efficient employer and the total lack of communication suggests C is going to be as bad. There doesn't seem to be much difference in what he would earn between any of the options, and for us his job security and potential redundancy pay are most important as I am unable to work. Any comments or advice?

If he goes to work as normal on Monday the TUPE will have happened and he will be paid by the new employe.

For what TUPE protections are worth ( which isn't nearly as much as some people think) then yes , the identity of the employer isn't in issue so a subsequent move to another subsidiary company would not effect his continuous employment.

If he moves to another company he must resign, and is a new job, and so alk that applies too a new job applies - everything starts from scratch.