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TUPE rights

124

Comments

  • lisyloo
    lisyloo Posts: 30,094 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    what does your union say?

    We don't have a union.
  • lisyloo
    lisyloo Posts: 30,094 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    If the pension thing is symptomatic of bigger issues

    I think this is the nub of it.
    The llack of resources in the finance team which meant the pension being paid late in April is symptomatic of bigger issues.

    I'm working (or on-call at least) on 2 bank holiday weekends out of 3 this summer. As there are fewer of us available it's not easy to swap.

    I have managed to swap my 50th birthday weekend due to the kindness of a colleague but it's more difficult than it used to be. Holidays will be more difficult to take as well and ike many people I have to fit in with my spouse's schedule and work restrictions as well.

    I haven't come to the conclusion that another job is the answer yet, but it may be pointing in that direction.

    Thanks savvy_sue
  • lisyloo wrote: »
    I think this is the nub of it.
    The llack of resources in the finance team which meant the pension being paid late in April is symptomatic of bigger issues.

    I'm working (or on-call at least) on 2 bank holiday weekends out of 3 this summer. As there are fewer of us available it's not easy to swap.

    I have managed to swap my 50th birthday weekend due to the kindness of a colleague but it's more difficult than it used to be. Holidays will be more difficult to take as well and ike many people I have to fit in with my spouse's schedule and work restrictions as well.

    I haven't come to the conclusion that another job is the answer yet, but it may be pointing in that direction.

    Thanks savvy_sue

    As you said earlier that you are easily re-employable, why on earth are you still there if it's so bad? If you would find it easy to get another job, just switch. It's incredibly easy and non disruptive; what is keeping you at this place?
  • Savvy_Sue
    Savvy_Sue Posts: 47,470 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    lisyloo wrote: »
    We don't have a union.
    There will be a union it would have been appropriate for you to join. If any of you had, you'd have someone else to ask (with considerably more expertise than random strangers on the internet!) as to what was appropriate post TUPE.

    If enough of you join, then you can make more noise about the levels of staff reduction in due course.
    Signature removed for peace of mind
  • lisyloo
    lisyloo Posts: 30,094 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 4 May 2018 at 3:24PM
    why on earth are you still there if it's so bad?
    I've made a list of bad points in a response, which may make it appear worse than it is as it's one-sided.
    There are some good points as well of course (like location, flexibility) so one has to balance these things up and not jump out of the frying pan and into the fire.

    I would not say it's incredibly easy and non-disruptive to switch (just that being out of work long term is not a likely alternative). I've not been out of work for more than 3 months over the last 28 years and some of that was out of choice. There are swings and roundabouts, for example other jobs might have a much worse and expensive commute.
    then you can make more noise about the levels of staff reduction in due course
    The staff reductions are a fait accompli.
    My feeling is if there are enough things that don't suit then it's far easier to find something more suitable than to flog a dead horse, but clearly there has to be a tipping point before that decision is made.

    I've had some personal stuff going on recently around a bereavement, plus I have been waiting to see how a few aspects pan out. As we intergrate into a larger company the opportunities have not totally become clear, so I am not at the point of making a firm decision yet and there isn't a lot of point looking until I am committed because it involves valuable time-off, so it's silly to do it unless serious about it.
  • katiekittykat
    katiekittykat Posts: 9,622 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Out of interest what queries have you asked them that they haven't answered?

    I have Tupe'd over several times and each time my date of pay etc has changed
    Friends are angels who lift us to our feet when our wings have trouble remembering how to fly.
  • lisyloo
    lisyloo Posts: 30,094 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Out of interest what queries have you asked them that they haven't answered?

    I have asked them to respond to a specific question and answer during the TUPE consultation which said there would be no detriment in any way to the pension. We had about 500 questions so I don't accept I'll get the sack or be considered unprofessional for asking just 1 :-)

    Thanks for all your help.
    I don't think there is any point in flogging a dead horse, I just wanted to get my facts straight and I think they are about TUPE.
    If they can do whatever they like then I have to accept that.

    I will focus as suggested on both getting the best out of the job I'm in and considering whether my propsects are better served elsewhere. There is a lot of integration going on and in terms of the job it is not yet clear what cross training/development opportunities there will be and whether they will interest me.

    On the whole I would say I'm less satisfied after the acquisition, but I am not commited to leaving and because the process of leaving takes a lot of time and also leave then I need to be commited, otherwise I run the risk of investing time, giving up valuable leave and deciding that the grass isn't in fact greener elsewhere (been there, done that).
  • lisyloo wrote: »
    In general invetsments are expected to go up.
    Over any particular 3 days they could obviously go down or stay the same, but in general you'd expect there to be a loss paying later.



    No, if you put your onvestments in later you'll have less time for your investments to grow.
    If not - why pay into a pension when you are 25, why not invest it all when you are 65 ???
    :wall::wall:

    How can you say generally there's a loss by paying later? Stock markets don't work like that.

    And how can you can you compare a 3 day difference to a 40 year difference.

    If you are going to take this up further I suggest you prove (with actual figures not assumptions) that you have been disadvantaged but you'd need to do it over a period of time to actually demonstrate that the price has always moved upwards
  • mgdavid
    mgdavid Posts: 6,710 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    lisyloo wrote: »
    Thanks very much for your continued afforts. It's appreciated and I AM listening even if not always (quite rightly) taking everything from strangers at face value.

    I have had no references or links despite requesting them.
    Do you have a proper reference other than people I don't know saying so?

    My payslips and letters and importantly contract show otherwise.

    Can you show me where this difference is documented please, preferably wrt the pension regulations which mention 19th/22nd.
    Otherwise all I can see is that this is a strangers interpretation.

    BTW - HL have so far said the regulations apply. My employer has not said they don't apply at this point.

    To answer you question assuming I was correct and assuming I didn't want a career there then reporting them to the pension regulator is an option. Only one I'd take after considerable advice/cosideration (and not based on interpretations from strangers who refuse to back it up). That is not my focus at all right now, but you asked the question so there is the answer.

    More importantly to me is whether I want to consider working for an employer who doesn't consider honesty or consulting employees to be that important.

    The transfer happened 1st Jan and redudancies ended 5th March, so we are past that stage, but yes I have worked hard at my career and not made any complaints.

    Discussing privately my complaints does NOT mean I have been ar**y with my employer. I have not and this is purely discussing my thoughts privately BEFORE taking any action. Some people seem to have assumed that I have upset colleagues which is not true. The entire point of discussing things privately is NOT to get it wrong and get facts right and views in proportion.


    !!!!!!
    are we agreed that in the other thread
    https://forums.moneysavingexpert.com/discussion/5834330/is-it-late
    post #9 you said it's Salary Sacrifice?
    Do you know about and understand what Salary Sacrifice is and how it works?
    Pension contributions under salary sacrifice are not employee contributions they are employer contributions.
    You can check the relevant legislation and decide whether it applies to employee, employer or both types of contribution. Depending on the answer you will know whether to continue your crusade or not.
    If after 2 threads and 68 posts you are not getting the answer you want from random people on the internet I'd say you're going to need to look elsewhere.
    The questions that get the best answers are the questions that give most detail....
  • lisyloo
    lisyloo Posts: 30,094 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 5 May 2018 at 7:56AM
    I dont see the need for the !!!!!!.
    If you arent prepared to back up what you say with real evidence then dont expect people to take your interpretation at face value.

    If you read post #38 you will see I am not on this crusade (why the drama for jus5 a query?) any more.

    I have had the answer about TUPE, which is what the thread was for.
    I agree that if I need the answer and was pursuing it (which I;m not) Id need to ask the pension regulator and Im 24 hours ahead of you on that conclusion.

    Whilst its now merely education/curiosity I have still not seen or been provided any links that show the pension regs don!p;t apply in my case.
    For example the criteria here are - when you deduct.
    Mine fits the stated criteria in this link both contractually and in practice.

    http://www.thepensionsregulator.gov.uk/employers/contributions-funding-tax.aspx

    I have seen or been provided with nothing to say my circs are excluded (apart from I backed up opinions).

    I;m grateful for the time and contributions (some assumptive, judgmental and dramatic, but hey ho) but I wont take things at face value from strangers so agree free forums have limited use if people wont actually back up their claims.

    Cheers, but Im moving on now (see post #38)
    Not coming back so whilst you are free to reply I will be doing other stuff like supporting my family both practically and emotionally through the recent bereavement.

    Thanks again
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