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Thread: Tupe ?

  1. #1
    Regular Member cameraman's Avatar
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    Default Tupe ?

    Anyone had any dealings with the TUPE process,

    basically I've worked for the same company for nearly 21 years, 19 of those as a field based service engineer & the last 2 as basically an internal contractor filling in where extra help is required, back in march I was put on a contract for 1 month, which has been extended until at least the end of december. During the time with this contract my company has lost the contract & the permanemt staff are being moved across to the new company. I've now been told I'm also in line to be moved across as I've been there more than 8 months but to be honest I hate the f'ing place, but at the minute I'm paid for my travel time which is worth around £700 a month, I'd already turned down a permanent job on the contract due to this & the fact it's not the nicest place I've been placed in to put it politely, I intend to tell my boss to stuff it when they try & extend me into the new year, only problem being January is a very quite month & can't see them letting me do that as I only worked about 4 days last January

    Any suggestions

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    Regular Member Caterman's Avatar
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    Default

    http://www.berr.gov.uk/files/file20761.pdf

    Other than that you could have a case for "constructive dismissal"

    http://www.direct.gov.uk/en/Employme...ob/DG_10026696

  3. #3
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    Tupe law protects you against contractual changes as a contractor matey. Meaning you will always be offered the job no matter who takes control of the contract.

    If you decide you don't want to work in that placement or for the new contractual company then that's your decision, you can walk away, but you won't be entitled to any redundancy or payout.

    If your position was no longer available and you were told your services weren't required anymore then you will then be entitled to whatever level of redundancy you fall into.

    My advice to you is carry on with the new contract in the hope that the new company changes things, then you may be entitled to redundancy. To be honest, Tupe law has quite a few grey areas in it, but a companies HR has to play ball or risk serious prosecution.

  4. #4
    Ex Vec-C Admin & Founder Bainie's Avatar
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    Default

    I have been tupe`d a few times now, in a nutshell, they can`t take away any benifits you have, they have to offer you a contract equal or better than the one you have, so your travel is safe. Problem is that they have to abide by this for a reasonable time, and there isn`t anything which states what a reasonable time is unfortunately ... When I have tupe`d across my present employers have always offered the oppertunity to stay with them, they don`t wan`t to lose good staff to the opposition ! Best advice would be to go and talk to your present employers and tell them you want to stay and take it from there, but as Alex said they have no obligation to keep you ...

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    Default

    The job I was doing was taken over under TUPE regs. in 1999, I ended up doing
    the work of two men for half the pay, not any longer I hasten to add!!!!!

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    Default

    I've been told by the team leader where I'm working that they will terminate my employment with them at the end of January (the contract moves to the new employers at the end of March), leaving me free to return to my normal job.

    However the HR team seem to have different ideas, they give me the impression I'd have to find alternative employment in my parent company, leave with no redundancy or go to the new employer, all this when my own job is still waiting for me to return to??????

    I just don't understand how I can be seconded into a role on a temporary basis, to find that because I've worked in that role for a few months I have no option or rights to return to my original job & have to work for a completely different company on a permanent basis.

  7. #7
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    Default

    I'm glad I'm not in your shoes, caught between a rock and a hard place, I can see it all ending in tears.
    I spent over 7yrs. wishing I had walked at the time of the takeover but it's a very personal decision, best of luck.

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