Hi,

The company i work for has lost the contract and we are being TUPE'd over. The company that won the contract is a good reputable company, but they have subcontracted half the contract to a "less desirable" company. Under TUPE rules can they force us to work for the "less desirable " company. I have no problem being TUPE'd but i want to stay under the umbrella of a large, well known company, not be transferred to a less desirable bunch of cowboys. (even under the same T&C's)

 

Whats a Tupe?

Les

 

a tupe is a type of contract that they use to swap you from one company to the next. basically so they can keep you employed and not make you redundant

am i right?

 

It stands for the Transfer of Undertakings and Protection of Employees. I think i'm right in saying that you will work for the company that has won the contract because it is them who now employ you and not the sub contractors.Give ACAS a ring.I was TUPE'D over last September and they were very helpful

 

however when you get tupe'd over im sure you stay on the same contract that you were on. holidays, pay etc etc.

i used to be a union rep but only ever brushed on tupe as everyone else got made redundant or redeployed within the company

 

Thats exactly right MR D,you stay exactly as you are now,just working for someone else.
The company i used to work for payed me for my 45 min break,the company i work for now are trying to get away with it so it looks like it is going to court.I've been told by everyone in the know that they haven't got a leg to stand on.So 45min,every day since last september = a rather nice lump sum

 

even if you were on £5 an hour that would work out to be almost 1k lol. go for it..

i thought that was the case. it can be good when you get tupe'd over. and sometimes can be bad, depending on contract type of course

 

ACAS

Monday - Friday 08:00 - 20:00 - 08457 47 47 47
Monday - Friday 08:00 - 20:00 -

Saturday 09:00 - 13:00 - 08457 47 47 47

Just called them, cheers. Very clear on T&C, cannot be changed or harmonised. Not so clear on my question though.

 

they have to keep you on the same contract for a start. so same pay, holidays, breaks, and normally hours of work etc etc. sometimes you can come to an agreement with them if you wish to change contract. i dont know your line of work and im sure your not happy with going to this less desirable company but just remember "for the time being your actaully in a job and you havent lost it" and thats good for you. and yes they can force you to go with this company in a way (depending on how you look at it). but im sure if they are offering you another job and you turn it down then they dont have to give you any redundancy either. as they clearly aint putting you out of work .

 

It was fookin excellent for me,i am getting paid exactly the same for doing half the amount of work
And i am on quite a bit more than £5 per hour so that little lump sum will go nicely towards something scooby related

 

cant fault it mate, that awersome

 

I think everything you say is correct and some people will say, whats the problem, you've got a job. However if half of us are staying with the contract winners (big company) and half moving to the "undesirable" company, i want to stay with the good company.

 

i dont think that a choice as its up to the company who they want where. but you could try and have a word but i dont think you got a case for real fighting. sorry to give the bad news

 

I have been TUPE'd twice, and whilst it was quite lucrative in some ways, we lost out in others.

Pensions are not protected by TUPE, so you may (will) get shafted on that front.

Geezer

 

Thanks for the definition.

Les

 

no worries

 

Important note about TUPE: it only applies at the point of transfer. After that, even the next day, the employer can do whatever they want as long as it doesn't breach other employment laws. As safeguards go, it's better than nothing, but not by much.


M

 

I have been TUPE'd .... one thing I will state is that Pension are not covered by TUPE!

Which I have learned to my cost and lost many £1,000's in the meantime!

 

I dont think thats right. I rang ACAS and they told me different.

 

You are right - it applies for as long as you do not wish to change the T&C's

 

Tupe stands for transfer of undertakings and protection of employment. It specifically relates to a set of regulations which attach to the act of parliament concerning employment.

For the OP, the relevant event for the transfer is the contract you have been working on. If that contract has been bought and sub contracted, you will,in effect, have been subject to a tupe transfer twice, albeit probably at the same time.

Your new employer is most likely the sub contractor. I say most likely, as without all the facts I can't say for definite.

 

TUPE is one of those draconian laws brought in by the PC plonkers at the European Community to protect the rights of the workers.

Pain in the butt for us executives

 

Yes, you are right, we've been double touped.

 

Sorry to be an inconvenience, despite the fact i've commited 13 years of my life to this job, theres nothing i can do. Its like being tupe'd from Saville Row to Primark.

 

You work for a wig manufacturer?

On a serious note, the upside is that you still have a job, and 13 years service, which is of course carried across.