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Old 04-03-08, 02:03 AM   #1
monkey
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Default Anyone ever been TUPE'd from one company to another?

Word from my immediate Boss this afternoon is that a big company we work for has lost a very big contract. Basically, me and 6 other fellow employees are the bottom of the hierarchy and we work 99% of our time on several sites for a Nationwide company. Now the consultancy immediately below said company has lost their contract so things are very much up in the air as to what is going to happen to us. Basically there might not be a job there for me anymore if my company aren't taken on by the new consultants.

What's the score with being TUPE'd (Contracts moved directly to another company doing the same work)? Anyone had it happen to them and what was the long term outcome? Should I be offered redundancy also?

Just after real people's views and experiences without having to trawl through untold amounts of stuff on the net.

Thanks.
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Old 04-03-08, 07:29 AM   #2
blueto
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Default Re: Anyone ever been TUPE'd from one company to another?

hi mate.

I was Tuped in 1998 when FSL took over portsmouth naval base. I lost some rights as a civil servant like tea breaks etc. In fact our hands were forced in a vote at xmas and we all got a £ 1000 just before so 80% of the people said yes!. Only later died we find out they had set aside 3000 but everyone settled for the first offer!

You need to check all your terms and conditions within your new employment compared to that of your old. Make sure they dont stich u up with job titles either. (companies are clever like that)

One thing to bear in mind, is that when you are tuped, it only benefits one person. The company.

They cant however just get rid of u once transfered. They have to actively employess the personel working for the cvompany just as it were there own.

PM me if u want further details, ive got some stuff knocking about form when i was tuped!
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Old 04-03-08, 10:29 AM   #3
the_runt69
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Default Re: Anyone ever been TUPE'd from one company to another?

I have been TUPE'd several times with the Railway's means that I tranfer to the new company with my old terms and conditions. They cannot change that without your consent even if everybody else changes to new contracts they are not allowed to change yours without your consent. When I moved to another company I lost the TUPE option unless they are taken over by another company. But in My Old Company there are a number of people who are still on their old British Rail contracts. They cannot force you to change your Contract of employment and trying to force you can be taken to an industrial tribunal,
TUPE was the best thing the Conservatives did with privitisation the Law is on YOUR side.
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Old 04-03-08, 10:49 PM   #4
monkey
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Default Re: Anyone ever been TUPE'd from one company to another?

I thought the terms and stiff was only guaranteed for 6 months or something like that? What should stay the same? Is it holidays, hours and pay?
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Old 05-03-08, 11:22 AM   #5
Dave The Rave
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Default Re: Anyone ever been TUPE'd from one company to another?

TUPE - transfer under protection of employment. I deal with those often enough at work. There is no legal obligation to keep your conditions for a week/month/year etc. They can change them a day after (even so court or employment tribunal would not look too favourable at that). It refers to all conditions (pay, A/L, pension, etc) you cannot cherry pick. You keep your old existing conditions or agree to the new ones. Your pick if you like. However does not apply to everyone is the service will undergo a pick restructure as you than could be dismissed if you did not fit into the new structure - should have been informed by now if that was the case. HR person normally briefs new employees before the transfer is completed. Look it up on the net as there is plenty of info available.
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Old 05-03-08, 07:28 PM   #6
Cazza
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Default Re: Anyone ever been TUPE'd from one company to another?

I got TUPEd some time around 2002 from an independent production company into the BBC. At the time I was massively unhappy about it and it felt like the worst thing that could have happened (job-wise) for me at that time. I can't remember when I went onto a BBC contract, but when I did, the key thing was the 'start date' was 1995 - ie when I started at the production company 7 years previously.

As it turned out, it was very handy... I volunteered for redundancy a few years later with a favourable '10 years' under my belt.

So, what I would say, is that it could turn out to be a good thing for you - and if you sign a new contract, make sure that they take into account the start date you had on your pre-TUPE contract.

Hope it all goes okay for you.
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Old 05-03-08, 07:45 PM   #7
Nostrils
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Default Re: Anyone ever been TUPE'd from one company to another?

I might be in a similar position some time this year when tenders are received and digested by our client. The company I work for have turned the facilities department and operations of the client into an efficient operation and passed all KPI's resulting in discounts/bonues for the company (not that I saw any of it!) - This I hope will be seen as a big positive against the competitors. Some of the clients staff have just been told they are to be Tupe'd over in the summer to an big asian consulting company and they are currently discussing terms, the atmosphere at work is not very good at the moment!
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