Geezer

I have been TUPE'd twice in the last 6 years, and it has been lucrative in some ways, but not in others (i.e.pensions, which incredibly are not covered unde TUPE!).

What specifically is worse for you? TUPE does not mean you have to have exactly what you had before, only an acceptable equivalent. It's all quite well defined, so I doubt they are breaking any rules, but like most things is negotiable.

Geezer

speedking

Firstly make sure that the transfer is covered by TUPE, and the employers are not just saying that.

ACAS very helpful, their phoneline is manned by experts.

Geezer, it's down to the definition of acceptable equivalent. I was told that for example free coffee, even though of minor monetary value, could constitute a significant change of conditions if removed from your package.

AIUI your only real redress is to resign as constructive dismissal and then sue the asses of the new and old companies for not maintaining privileges. It then comes down to whether a tribunal agrees that the new terms and conditions are unreasonably different to the old.

_Meridian_

iTrader: (1)

My understanding of TUPE is that it applies at the moment of transfer only. A hour later the new company can legally change pretty much what it wants.


M

collierm

Yep agree with Meridian. It only has to be roughly the same until after transfer. Then you can pretty much be at the mercy of the new company and they can do what they like to you.

Its designed to protect your rights in terms on holidays, T&C's that sort of thing. Although not including pensions must be the biggest bloody oversight ever.

I opted out of TUPE for a certain contract I worked on where justice is not usually served (hint, rhymes with Mer Vajesty's Sports) as the new company had one of the worst records going for large contracts.

Speak to ACAS but you'll probably find the company has been very clever and haven't broken any laws, just managed to **** you off instead.

Cheers

Matt

///\oo/\\\

B2Z

TUPE regs are there primarily to protect employees with regard to length or service, holiday and other payments due, and of course to the terms and conditions of your contract of employment.

It is entirely normal for the transferee company to subsequently modify t&c's, however this requires to be done with mutual consent of both parties who are subject to the contract of employment, ie the employee and the employer.

The process is exactly the same as if your previous employer had sought amendments to your T&Cs.

What you need to do is look at your contract of employment, and look at the terms and conditions. If they allow for changes of roles, locations, etc, then there is no TUPE breach. If they don't then what you technically have is a breach of contract with your new employer as a result of the protection afforded to you by the TUPE regs, not technically a breach in any TUPE agreement itself.

Has your contract been breached?

David_Dickson

Yeah, I was planing on taking legal action against the guy who supplied my toupee


oh....thats not what you meant?