TUPE can anyone please help me?

[tommos43]

I had my employment transferred January 1st and and as yet am still to receive my new contract and payment terms etc.

Can anyone who has a real knowledge and understanding give me some advice.

Any help greatly appreciated.

[masur123]

You will still be bound to the same contract and terms and conditions before you transferred. This will be the case up until they provide you with a new contract and t&c's.

Been through this myself twice in the last 10 years, last one was 3 years ago

[tommos43]

Thanks for the reply.

Is there no reasonable timeframe for the new T&C's?

Whilst on my original contract I am losing approx 50% in enhancements, lieu days for working bank holidays and a pay rise all other staff had in April!

[masur123]

I am still on my t&c's etc from my swap 3 years ago, although I dont mind because they are better than the new ones.
If you are concerned I would raise it with the HR department, and ask when you will be moved across.

[flyingpig]

T&C's are the same until you are given the 90 days notices required to change your contract of employment so you shouldnt be losing out.

That is unless they were a casual arrangement with your previous employer.

[tommos43]

No casual arrangement with my previous employer.

I was told (verbally) any enhancements would be backdated to Jan 1st but that offer has now been taken back.

Our HR dept just keep stonewalling us, shortage of staff being the main reason for the delay.

[masur123]

Unfortunately, as there is nothing in writing, your employer is not obliged to change your t&c's. Its really down to them if they want to or not.... If you have a union it may be worth going via them, otherwise you could take up spokesperson for you and your colleagues and try to get a clearer understanding and written agreement about what is going on

[tommos43]

OK.

Seems we are at the new employers mercy then to do with us as they please, not very satisfactory in my eyes.

I do have my union rep now involved so let's hope he can do something for us!

[Snowy79]

Under TUPE you remain on the original terms and conditions and your inital job terms and conditions remain and are protected for at times over 2yr2 from takeover if the Business continues in the same format with similar customer base etc.

There is no set time frame in law for the protection of your initial rights. If they are changed at any time after the takeover and the takeover can be viewed as the main reason for the changes you can have a claim i.e. 2 years down the line the Bosses decide you are going to drop wages etc to be on the same level as the new emloyees this is grounds for a claim. Due to the fact that the takeover resulted in new employees on different contracts.

So not to bore everyone read this : http://www.atl.org.uk/Images/ATL%27s...dertakings.pdf

[tommos43]

Thanks Snowy.

All very complex and complicated.

My biggest gripe is that I am at the moment whilst on my old T&C's being paid far less that all the existing staff.

I work for a health trust so am working weekends and nights for normal time with absolutely no enhancements whilst others do!

Seems a real rip off!!!

[Lainie]

went through it myself when i worked for national savings and the staff were taken over by siemens. we kept all our civil service t&c's under TUPE. hopefully you are in a good unionised workplace as any changes the new company try and do the union would step in.

[tommos43]

Hi Lainie,

The problem I have is that the T&C's of the new company I work for are far better than the one I used to work for.

I did work for a non-profit co-operative who paid low wages (which I was glad to accept at the time) I now work for the NHS who pay far in excess of what I was earning.

My real issue is getting them to transfer me over to their T&C's so I can earn the same as everyone else who works within my trust!

I do have Unison speaking with the trust at the moment but my initial opinion of them does not fill me with confidence.

[Lainie]

hi tommo

yes some of the siemens t&c's were better than the civil service ones as well ie the pension which the majority of the staff t/ferred to. however we were advised by our union. we never had to sign any new contracts that i can remember.

[tommos43]

Well let's hope my Union rep can do the deal and get the terms backdated to when we were promised they would be effective from.

[mickydibble]

Hi Lainie,

The problem I have is that the T&C's of the new company I work for are far better than the one I used to work for.

I did work for a non-profit co-operative who paid low wages (which I was glad to accept at the time) I now work for the NHS who pay far in excess of what I was earning.

My real issue is getting them to transfer me over to their T&C's so I can earn the same as everyone else who works within my trust!

I do have Unison speaking with the trust at the moment but my initial opinion of them does not fill me with confidence.

WOW I am so intrigued by this I thought you was going to say you tupe'd from nhs to private,I have never heard of this,I am in the opposite position I have worked for the nhs for 17yrs the past 3 of those being tupe to another company and all they have done is try to change things like enhancements etc and getting bank staff who are on less money per hour to do the enhanced shifts such as weekends etc,,I could go on and may do yet !? But after 3yrs I feel broken but not beaten . I can not see them changing your present conditions because tupe only protects your current t&c and trust me they will not want to pay you nhs rates if they don't need to,as my new company want to stop me working on the nhs t&c . Seems just the same yet like I said WOW first time I have seen this and will be watching as people are usually spending all their time trying to protect what they already have.
You and I have obviously been swapped around to save money....~~~~ing w@nkers!!!