work place benefits under TUPE

Vitamind3

Hi,


I'm soon to be TUPEd to a new company.


I'm concerned that the existing company has a benefit of 4 x salary life insurance, the new company only has 3 x salary life insurance.


Also the existing company has a trust fund health insurance which meant I was virtually covered for anything regardless of whether I was over weight or had been previously treated for a condition etc. The new company has underwritten health care that seems to equate to due to being a bit overweight I've got special terms and conditions and am entitled to very little, previous conditions will not be covered. It seems like its a worthless benefit and a massive downgrade from what I have in the existing company


This seems a tad unfair as it wasn't my choice to be transferred. Is anyone able to advise if the new company has any obligation under TUPE to match the old benefits?


I've already asked HR and they advise they have no obligation and their health care plan is good.


Just wanting to have a few facts before I speak to them again so any advice would be greatly appreciated.

ReadingTim

I can't comment on the position re. TUPE, but it's worth remembering that there's nothing stopping any employer from reducing the level of benefits it offers to staff. Places where I've worked have seen the closure of different sorts of pension scheme and replacement with a less generous alternative, changes to company car schemes, and closure of an all employee share scheme.

Ultimately, as long as they've given sufficient notice of the changes, there's nothing you can do to change that, so in effect what HR have told you is correct.

Your only solution would be to resign and find work with an employer who offers the level of cover you feel you need.

lincroft1710

Vitamind3 wrote: »

The new company has underwritten health care that seems to equate to due to being a bit overweight I've got special terms and conditions and am entitled to very little,

You now have a definite incentive to try to reduce your weight


This seems a tad unfair as it wasn't my choice to be transferred.

What was the alternative? Redundancy or even worse, enforced dismissal because you wouldn't accept TUPE? I think you would find keeping a job, even with fewer benefits, preferable.

Companies are not obliged to offer anything other than minimum wage for the hours worked, statutory holiday allowance and a workplace pension. Many companies are reducing their fringe benefits.

So you have a choice, but probably not what you want to hear, either stay and accept reduced benefits or look for a job with a
more generous employer

sangie595

I suspect the benefits aren't contractual. In which case yes, the new employer can change them, because they are not obligated to provide them. TUPE protects your terms and conditions of employment at the point of transfer, but these sound not to be terms of employment. Besides which, they can start to introduce changes very quickly if they can justify them, and in terms of what you describe they will have economic grounds to do so.