What was your worst TUPE experience?

PunkRoquefort

I am now long retired, but I once worked for 20 years in the same job. The first 10 years were in the Civil Service, then I got TUPE'd to a private company/contractor. 

Things went well for the next 9 years, then the senior managers told me they were sick of having to pay me shift allowances, weekend enhancements, a final salary pension and sick pay, all of which their other staff on their own contract never got. They also gave me 48 hours to agree to their pay and terms, or leave.

My pay level was halted, while other peoples' wasn't.

I spent a further year there, hiring a solicitor for my case, as the union were unhelpful. I stayed until the most vile senior manager made me too ill to work there.

I was often working double shifts to cover for staff shortages before the trouble started too.

El_Torro

Your experience doesn't sound like it's specific to TUPE. You spent 10 years at the new company after all, the first 9 of which you say things went well. 

I've never been through TUPE but have been in a situation where a change of boss made things go sour quickly. This is one of the reasons I put as much of my income as I can away for a rainy day. You never know when a decent job will become untenable. 

PunkRoquefort

I worked for the managers for several years. At the meeting when I asked why, their reply was that they simply wanted me off TUPE and resented it. 

At a later date, they sent in this vile area manager, who would travel a very long distance, to tell me the same, plus bully me.

DullGreyGuy

PunkRoquefort said:

I worked for the managers for several years. At the meeting when I asked why, their reply was that they simply wanted me off TUPE and resented it. 

At a later date, they sent in this vile area manager, who would travel a very long distance, to tell me the same, plus bully me.

You, they or both misunderstood TUPE... you will never be "off it" as your continuous service date will never change but you can be moved off your contract or make you want to very quickly.

The first M&A project I got involved in was very simple... both party's contracts had discretionary bonuses and discretionary pay rises. Employees of both companies were given new contracts to sign and was made very clear what the discretionary position would be if you didn't sign. Only one chap didn't sign and most likely that was because they had a 12 month notice period so when redundancy came around he was given 5 years worth of bonuses in the form of cash in lieu of notice. 

PunkRoquefort

With TUPE, employment terms and conditions are to stay intact, unless both employer and employee to change terms  or changes are needed for business poropses.

Not because the employer is simply sick of it and has changed their mind.

TheSpiddalKid

PunkRoquefort said:

With TUPE, employment terms and conditions are to stay intact, unless both employer and employee to change terms  or changes are needed for business poropses.

Not because the employer is simply sick of it and has changed their mind.

Employers can propose changes that affect TUPE staff but they must affect the whole workforce and must have an Economic, Technical or Organisational reason.

This may sound like a high bar, and in practice, it should be, In reality, either due to ignorance or apathy on the part of the employee or ignorance, determination or pigheadedness on the part of the employer the bar is much lower.

The employer will propose changes which probably don't meet this threshold but which are implemented. The net result is T&Cs are watered down or removed, and TUPE protections are circumvented or ignored  

DullGreyGuy

TheSpiddalKid said:
 TUPE protections are circumvented or ignored  

The biggest part of the TUPE protection is the continuous employment date and that wont be circumvented by changing T&Cs