Guest Posted October 15, 2009 Posted October 15, 2009 Hi everybody I was hoping that somebody may have experiance of going through the TUPE process. For anybody unsure what this is it is when the comany you work for transfers to another company. It is legal process that protect the thransfering employees. My problem is that I have heard that because I have not worked for my present employer for a year or more I may not be protected by TUPE. This means that the new employer does not have to take on my current terms and conditions and that the day we move over they could sack me or present me with their tems and conditions. To be fair I am on good terms and condititons so dont want to lose them. We have only just starded the process between the two companys but neither will say I what i have heard is correct or not. I have though on ringing ACAS as I have found the TUPE website to long winded. Please could I have your thought or any advcie with this . I am worrying my self sick about what is going to happen. The one good thing is that my staff are protected and some may get a goood redundancy if they choose to go that way. Thanks Blue Quote
Inge Posted October 15, 2009 Posted October 15, 2009 think your best way to go is to try ACAS as soon as possible to see if they can help. My husband has been through this twice but each time he has been with them for a few years before they were taken over.. so each time he has kept his terms of employment, which have always been better than if he had a new contract. had a quick scout around this any help ACAS , Inge Quote
Inge Posted October 15, 2009 Posted October 15, 2009 this was easy to read and may help too Tupe guidance Art a glance I cannot find anything about length of service with an employer , it all just states transfer of employees... Inge Quote
skinnybird Posted October 16, 2009 Posted October 16, 2009 HI . i have been through the TUPE process read the information on the TuPE site that Inge suggested, talk to your present employers, check your current T and C's and also if you are part of a union ask for some guidance. As an employer we took on all the staff on with their existing terms and conditions. I beleive that after six months if the business needs deem necessary changes to staffs contracts are allowed. sorry not much help but i can remmebr how unsettled all our staff were so i can understand why you are wooried. Skinny Bird Quote
Guest Posted October 16, 2009 Posted October 16, 2009 ahhhh Tupe.... I've just overseen a tupe transfer. The length of service can have an effect on the terms of your contract. You should have an elected member of staff (or more than 1!) who attends regular meetings with the current employers and the new ones in order for points such as these to be raised and answered. If you haven't got this ask for it! and insist that yu get an answer- it's your right! Quote
anju Posted October 17, 2009 Posted October 17, 2009 I've just gone through the TUPE thing with my staff - I didnt think it made any difference how long you have worked for the employer - maybe I have got that wrong but one of my staff has only been with us since April 09 and she is fully protected by TUPE as far as I'm concerned. (which is fine by me as I want them all to stay!) Quote
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