Viewing 29 posts - 1 through 29 (of 29 total)
  • Anyone been TUPE'd?
  • rocketman
    Free Member

    mrs.rocket and some of her workmates are being transferred under a TUPE agreement as the huge multinational business she works for is changing owners.

    There has been a lot of communication and although it all seems OK, the sceptic in me is suspicious that the business will take this opportunity to weasel in some new t&c’s etc.

    Just wondered if anyone had been stitched up or had a bad experience with a TUPE transfer?

    wwaswas
    Full Member

    only time they can stitch you up is if they ask you to sign a new contract and don’t recognise previous service in it.

    Junkyard
    Free Member

    it is complicated beyond words and no quick chat here will help

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

    Fresh Goods Friday 696: The Middling Edition

    Fresh Goods Friday 696: The Middlin...
    Latest Singletrack Videos
    uplink
    Free Member

    TUPE only protects T&Cs whilst the transfer is in progress, after that they can pretty much make a case for doing what they like

    Twice I’ve had it, once was good with better hols etc. the other time we were shafted

    Murray
    Full Member

    Was TUPE’d to an Irish subsiduary and the TUPE’d back. It didn’t affect my T&Cs. I know people from Barclays who were TUPE’d to XANSA 10 years ago and have just been TUPE’d back in (although not all of them). Again, no change to T&Cs.

    I joined a union as a result of this – at least you can ask for advice from someone working for you.

    chojin
    Free Member

    I’ve been TUPEd, and for what it’s worth – our T&Cs/pay/working conditions are all about to be changed from what they were when we transferred – as far as i’m aware, TUPE protects you from chuff all. If they want, they’ll find a way to change your job.

    Mr_C
    Free Member

    Yeah, twice.

    I carried on working, they carried on paying me.

    I was actually hoping for some changes, namely they would get rid of some of the dead wood at management level. Unfortunately there’s more of them than before.

    xherbivorex
    Free Member

    once for me.
    everything was fine for the first 3 months, then our new “employer” decided to relocate our jobs from manchester to bristol, and also cut our shift uplift in half whilst doing so.
    they seemed surprised when none of my team agreed to it (something they were apparently counting on when they undercut our previous employer on the bid for tender that left us in the situation).
    TUPE is, as junkyard says, very complex and from experience mostly set up to protect employers rather than employees.

    rocketman
    Free Member

    Ok thanks for the replies fellas.

    kimbers
    Full Member

    am in the process of being tuped at the moment

    it doesnt help that the legalese that the .gov tupe regulations are written in is very open to interpretaion

    check to see if HR at either end has done it before and try and speak to people whove previously experienced it

    FuzzyWuzzy
    Full Member

    The company I work for does some IT outsourcing so we get quite a few people TUPE’d across to us. No direct experience but to me it does seem to protect T&C’s pretty well (I know that if we can’t carry on a benefit we have to pay the equivalent to make up for it for example) what it doesn’t do is protect your job. It’s very easy to say a position no longer exists or to change the position so you have several people in the role then competing for a single job (and yes inevitably it’s the person that’s already working there that gets it). TUPE actually forces us to get rid of more people than we’d like due to having to keep people on bloated salaries or pay them off in lieu of crazy perks.
    It’s not all bad though, generally people at the coal face are still needed and some senior people get cherry picked – you don’t want to be an average performer in a junior/middle management role though…

    Taff
    Free Member

    Moved over from my last company under TUPE with two others and all was fine. We had new contracts drawn up shortly after buyt they couldn’t go worse than what we had previously. I’ve got more holiday and pay, if I want to leave I only have to give one month notice instead of 2 etc etc. Depends if you like the way the new company runs it’s business but you should not be worse off in any circumstances.

    cynic-al
    Free Member

    *shines light into sky*

    clubber
    Free Member

    (I know that if we can’t carry on a benefit we have to pay the equivalent to make up for it for example)

    And that’s one of the main things to watch out for – eg if you’re on a final salary pension now but the new company doesn’t have it and so on.

    druidh
    Free Member

    Pensions are outwith TUPE.
    Been through it twice and I’d day that, overall, the value of the package didn’t change.

    Junkyard
    Free Member

    pensions need to be equivalent iirc for TUPE
    Almost everything in TUPE depends tbh so I would read the guide and avoid simplistic internet answers.
    A good employer will change nothing in your T & C and a poor employer will try and shaft you is about all I have learnt.

    rocketman
    Free Member

    Pensions are outwith TUPE.

    Does that mean a final salary pension can’t be affected by a TUPE agreement?

    mrs.rocket has a decent pension at the moment 😕

    druidh
    Free Member

    Edit – it changed in 2005. They have to provide something but not necessarily as good.

    http://www.pensionsadvisoryservice.org.uk/workplace-pension-schemes/final-salary-schemes/tupe

    Big-Dave
    Free Member

    I was TUPE’d last year. Some of my colleagues signed up to new T&C’s I have resisted so far and have had no problems as a result. My new employers will have to pay me more to go away under my old contract so I’m sticking to that. The pensions question is a tricky one as I was transferred to a company with a less lucrative pension set up. Wasn’t much that could be done about that at the end of the day; glad to still have a job and a pension.

    The main problem I had with the whole TUPE issue is that I am now working for a company that is in a greater financial mess than the one I used to work for. Sign of the times I guess…

    DaRC_L
    Full Member

    Been TUPE’d for 7 years now. An employer that needs the staff will be good – there’s been little change in my T&C’s. The final salary pension has changed but only in line with my original employers changes.

    Other than that wot Junkyard sez

    uwe-r
    Free Member

    A tupe and a shafting often go hand in hand and hence the bad vibe about them but in theory they will/can only shaft you in line with the rules / t&c that were allready in place.

    Its the new company and what happens to the jobs that is important, as said above it can be good or bad.

    Good luck

    project
    Free Member

    Got the offer of Tupe about 8 years ago, job was due to move from Chester to Northwich, so an extra 18 miles traveling each way,wasnt allowed to take company van home, so just said no and left.

    TandemJeremy
    Free Member

    Tupe is protection from being shafted. Like all legal employment protection it can never be absolute but its a lot better than it was before TUPE

    Guess what – join a frikkin union!

    dobo
    Free Member

    tupe does protect your t&C’s as well as it can, but bare in mind in can be a bit of a nightmare for the new employer as well as employee.
    certain things can be difficult to accommodate like for instance if you have a company car, and the new company car policy cant supply that type of car, then you have to offer something similar/comparable.

    check carefully what substitutes are offered and if it will have any consequences further down the line

    oliverd1981
    Free Member

    Pensions are outwith TUPE.

    But still the P stands for Pensions….

    I did quite well out of TUPE – my shares all came out of Trust tax free.

    druidh
    Free Member

    No – the P doesn’t stand for Pensions….

    Transfer of Undertakings (Protection of Employment)

    markgraylish
    Free Member

    Was Tupe’d about 10 years ago from government to EDS. Noticed no great change at the time (just a different coloured pay slip!). In actual fact, EDS gave me much greater opportunities to move around than my previous employer.
    Luckily I left EDS (voluntarily!) before it all went tits-up and Hewlett Packard took them over. I’m not sure if HP tupe’d the EDS staff in but there’s been a lot of redundancies since then…
    Which reminds me, my EDS pension will now be administered by HP. I think I need to check up on that as I don’t recall receiving any paper work from them. Doh! 🙁

    senorj
    Full Member

    We were tupied 18 months ago.
    So far my contract hasn’t changed , but the pension isn’t as good as the previous one.
    The main issue has been scraping the barrel for savings since day one and the greedy tossers now want to save another few million. 🙁 😯

    FuzzyWuzzy
    Full Member

    There’s pretty much always going to be cost-cutting in a TUPE situation, mostly it’s related to outsource type deal and outsourcing only makes sense if costs can be cut. Efficiency improvements and economies of scale only go so far…

    One example of when it hurts the employee is a deal we did a while back with a car manufacturer – starting at very junior management they had a perk of new company cars every 6 months. Even someone on £25k was getting a new £40k car every 6 months. The salary equivalent my company would have to pay in lieu of the benefit meant people that would have been junior to me and in my team would have been on a salary 20% more than me (and I’m paid about the market rate). End result was most of those people have now gone. Not sure on the exact details but as I understand it you can’t offer the TUPE’d person a lower overall package just so they can keep their job (even if it’s still at market rate) so both sides lose out.

Viewing 29 posts - 1 through 29 (of 29 total)

The topic ‘Anyone been TUPE'd?’ is closed to new replies.