Tupe - Length of Service

Csqur

Sorry if this is the wrong place but I'm looking for some help with length of service and benefits on a TUPE contract.

A little background. The local council I work for outsourced their work and staff over a decade ago. I started working for the outsourcing company 7 years ago. I have exclusively worked on this council during this time.

12 months ago the council took everything back in house including the 12 people who had been hired by the outsourcing company during this time. The council has a policy of additional holiday entitlement after 5 years of service. We have been told that those of us hired by the outsourcing company do not qualify for this additional entitlement as out service time only starts from when the contract was transferred.

Is this correct? I have found conflicting information without the TUPE regulations in regards to length of service and benefits.

Xbigman

TUPE transfers your old terms and conditions, so if you didn't have long service additional holidays before you don't get them now. If your new employers are offering to add the long service holidays to your contract they can set the terms.

This is almost exactly what my employers do when staff transfer in. The transferee's sign a new contract getting full site benefits but all new benefits start from that point.



Darren