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TUPE

elseychelsea1
elseychelsea1 Posts: 6 Forumite
Third Anniversary First Post
in Employment, jobseeking & training
Hi, I am in the process of TUPE to a new company, my current terms of employment include life insurance of 4 x salary. The new company are saying as they are only a small company they can't provide that. But under TUPE I should receive the same terms? Just wondering where I stood with that? My current company don't have any other work for me so if I reject the TUPE then Im basically resigning. 

Comments

  • Masomnia
    Masomnia Posts: 19,506 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You should. If they didn't do their due diligence it's their problem.
    “I could see that, if not actually disgruntled, he was far from being gruntled.” - P.G. Wodehouse
  • elseychelsea1
    elseychelsea1 Posts: 6 Forumite
    Third Anniversary First Post
    I should what? Resign?
  • Masomnia
    Masomnia Posts: 19,506 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    elseychelsea1 said:
    I should what? Resign?
    Be entitled to your current benefits.
    “I could see that, if not actually disgruntled, he was far from being gruntled.” - P.G. Wodehouse
  • Marcon
    Marcon Posts: 15,924 Forumite
    Ninth Anniversary 10,000 Posts Name Dropper Combo Breaker
    Are they offering any sort of life cover? How important is 4 x salary to you? If the answer is 'not very' see what else you might get instead.
    Googling on your question might have been both quicker and easier, if you're only after simple facts rather than opinions!  
  • JReacher1
    JReacher1 Posts: 4,664 Forumite
    Part of the Furniture 1,000 Posts Name Dropper I've been Money Tipped!
    You could work out how much a life insurance policy would be for the same amount (probably only be at most £20 a month) and ask for a salary increase to cover this. 
  • oh_really
    oh_really Posts: 907 Forumite
    500 Posts First Anniversary Photogenic Name Dropper

    "All contractual rights transfer, including those based on custom and practice (Solectron Scotland v Roper and others [2004] IRLR 4).

    Regulation 4, TUPE limits a new employer’s freedom to change terms and conditions following a transfer. This aspect of TUPE changed in important ways when the law was amended in January 2014. These changes were designed to make it easier for employers to change contract terms after a transfer, especially where terms derive from a collective agreement."

    What country are you in, NI has some differences. 

    TUPE can become somewhat complex, you really need to sit down and discuss options, is there union involvement?

  • richardw
    richardw Posts: 19,470 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 18 October 2020 at 8:42PM
    Masomnia said:
    .... If they didn't do their due diligence it's their problem.
    Precisely. TUPE isn’t something you can just read up on during half time.
    Posts are not advice and must not be relied upon.
  • elseychelsea1
    elseychelsea1 Posts: 6 Forumite
    Third Anniversary First Post
    They are telling me its non negotiable, due to the size of the company its not something they can offer. Not really sure what I can do though? as only have 2 weeks left until transfer date
  • bradders1983
    bradders1983 Posts: 5,684 Forumite
    1,000 Posts Third Anniversary Name Dropper
    Are you in a union?
  • elseychelsea1
    elseychelsea1 Posts: 6 Forumite
    Third Anniversary First Post
    No afraid not 
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