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Can anyone give advice on TUPE?
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Posts: 490
Joined: Jul 2010
Post: #1
14-12-2017 10:39 AM

Hi All in SE23

Hope you are all well, apologies if this ends up in SE1 section - still ant got the hang of this site

Anyway - does anyone know anything about TUPE as the company i work for is being sold to an investment company - will TUPE mean i keep my terms for redundancy ?

Can they change my terms after the sale ?

If we are sold again after the 1st sale - will TUPE start again ?

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Posts: 490
Joined: Jul 2010
Post: #2
14-12-2017 10:52 AM

SE23 even not SE1 - not sure where that has come from, poor typo by me - soz

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Posts: 91
Joined: Jun 2013
Post: #3
27-12-2017 10:49 AM

Tuoe doesn't always apply to every transaction so make sure it does - if your current company have told you it does, then it does.

It basically means all your current terms and conditions are protected for ever - there is no time limit for Tupe so the new owners technically can never change them. However if there is a genuine change of job role ie a promotion say, which you are offered and accept, then obviously the employer will offer you new terms which may be different to your old terms.
It will be up to you to accept but if you don't you won't get the promotion

Employers try to do mass changes agreed with trades unions - and many succeed if the terms are better. But this is technical agreement and the enforceable law would be your original contract. New employers quite often offer a sweeter to get people to drop their old terms and accept new one ie a pay increase, additional bonus, better benefits - but you don't have to accept them. Pensions remember are treated differently - changes can be allowed.

Redundancy terms from your current employer should transfer and if you are made redundant then the original terms will apply (unless you have accepted a new contract as above). Redundancy post a transfer can be tricky - you can't be made redundant because of the transfer itself but if there is a genuine need to reduce work or types of work you can be made redundant. Also you cannot be made redundant by your current employer before you are transferred - that would be illegal.

If a further business transfer happens, Tupe applies again; you will transfer with theorems and conditions in force at that time, which may still be your original terms.

Hope this helps - good luck! If your personal circumstances are difficult then best to get individual advice from an employment lawyer.

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Posts: 1,358
Joined: Mar 2005
Post: #4
28-12-2017 07:23 PM

I was TUPE transferred five times.

As stated above you automatically transfer on the same terms and conditions without the need to sign a new contract.

Your new employer may well offer you a new contract to eradicate the TUPE protection.

I think the only catch is that you are not entitled to pay increases that may relate to your old job.

Pensions are also complicated.

Your employer must consult with you and your new employer will want to talk to you.

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Posts: 490
Joined: Jul 2010
Post: #5
03-01-2018 09:05 AM

Thanks to both replies

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