TUPE is my new contract automatically void?
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BlindJudge wrote: »Thank you for your reply! It’s sad how many employees don’t know their rights as per other replies, that’s why companies try to pull these and usually get away with it, e.g. even the employee cannot agree to a change in contract exactly because of this kind of situation.
All I needed to know is that I can leave things as they are for now.
Thank you
As you seem to have known the answer to your own question before you posted, please do come back and update us if/ when things go wrong.Originally Posted by shortcrust
"Contact the Ministry of Fairness....If sufficient evidence of unfairness is discovered you’ll get an apology, a permanent contract with backdated benefits, a ‘Let’s Make it Fair!’ tshirt and mug, and those guilty of unfairness will be sent on a Fairness Awareness course."0 -
I'd hate to see a long question from you!
Sorry. No peace of mind. And no having it both ways either. Your agreed to the change in contact. TUPE no longer covers you. Full stop. No arguments.
On the other hand TUPE provides absolutely none of the protections people think it does - it's a paper tiger. The new company could have enforced a change almost immediately, would almost certainly have been able to defeat any legal action - without giving you better pay, shares and the rest.
Gift horses comes to mind. You are bound by the terms that you agreed. TUPE does not apply to the contractual change because you agreed it.
In my defence the question was one paragraph long with a follow up background.
I’m glad and sad that you are terribly mistaken with your point on TUPE.
I’m glad because none of that is true for me but sad that you’ll probably misinform more people.
The TUPE directives are blatantly clear and I have no questions regarding the validity that the new contract is void, I just cannot find about what actions, of any I need to take.
As you came across very confident on this issue I’ll spare myself from directing you to the correct information.0 -
As you seem to have known the answer to your own question before you posted, please do come back and update us if/ when things go wrong.
I can see my question could have been better constructed. I meant to ask is if I leave things as they are, will the contract be recognised as void or do I have to take actions to void it.0 -
BlindJudge wrote: »I’m glad and sad that you are terribly mistaken with your point on TUPE
Nothing new from that particular member
BlindJudge wrote: »I’m sad that you’ll probably misinform more people
Misinformation from this member occurs more frequently than it should
BlindJudge wrote: »As you came across very confident on this issue I’ll spare myself from directing you to the correct information.
There's a difference between confidence & cockiness, one day, the member may realise, although I won't hold my breath :rotfl:
It's to be hoped that member is never selected for jury service 0 -
Are you sure they have TUPEd you what contract or services did they sell.
They could have just convinced you to resign and join the new company.0 -
I have no idea why that poster posted what they did. And I'm not about to start a new game with the troll. The advice you have been given is wrong. Take it and rely on it at your peril. But I suspect that your are nothing more than another alter ego, so there's no job and no TUPE.BlindJudge wrote: »Thank you for your reply! It’s sad how many employees don’t know their rights as per other replies, that’s why companies try to pull these and usually get away with it, e.g. even the employee cannot agree to a change in contract exactly because of this kind of situation.
All I needed to know is that I can leave things as they are for now.
Thank you0 -
Shame you are wrong. Just so that anyone reading this thread who really is in this situation knows not to rely on your opinion as advice.BlindJudge wrote: »In my defence the question was one paragraph long with a follow up background.
I’m glad and sad that you are terribly mistaken with your point on TUPE.
I’m glad because none of that is true for me but sad that you’ll probably misinform more people.
The TUPE directives are blatantly clear and I have no questions regarding the validity that the new contract is void, I just cannot find about what actions, of any I need to take.
As you came across very confident on this issue I’ll spare myself from directing you to the correct information.0 -
Why would you say this? You must surely be aware that there is nothing at all legally correct in this advice? And that's assuming that TUPE even applies, which we don't know.The terms in your new contract that are worse than your old contract are void.
Ther terms in your new contract that are better than your old contract are still in force.
Yes, you do get the best of both worlds, yes it is the companies fault for thinking they can ignore the law.
If you start moaning about TUPE now, you will put yourself out of favour in your new company.
Sit back and do nothing. This works in your favour.
If the employer tries to violate the terms of your old contract, then you take them to an employment tribunal and win. If they don't, then you carry on working for them.0 -
You'd be amazed, but that isn't true! US companies often think they can continue to act as they do in the US, where employment law is almost non-existent.
Indeed.
Sadly many of them think the world ends at the Atlantic and Pacific coasts.
Those a touch more enlightened still stopped coming to the UK during the Gulf war as they thought Baghdad was an hour down the road from London.
Many still think the first American to go abroad was Neil Armstrong.0 -
Just so that anyone reading this thread knows not to rely on your opinion as advice.
As you forgot to mention, I've amended the highlighted text above which is relevant to your postings!!!
Always, always, always, seek professional advice from those much more qualified in employment legislation than those who proclaim to know it :rotfl:
Some of the advice on this forum is worrying, remember what the scales of justice represent, judgement and fairness, the blindfold represents impartiality and the sword punishment/law.
It's for the judicial system to decide what's lawful and not, rather than some cyber warriors believing they know it all
Being referred to as a troll because I've pointed out some members are not legally qualified, yawn, yawn, yawn :rotfl:0
This discussion has been closed.
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