Civil

t.u.p.e

I transferred under the rules of T.U.P.E just under 2 years ago.The company I work for is a huge multi national company that branches off into many different parts of business ie catering,gardening,defence etc.They have decided to bring all of these parts of the business together under one main company and call the company something like 'their name' instead of 'their name defence' or 'their name catering'.To do this they say that we must T.U.P.E over to the new company(even though we already work for this company).My question is......can we T.U.P.E over again and keep the same contract or will they require us to sign a new contract?I ask this as the contract that I have at present has many benefits that their standard contract does not have(ie sickness pay and additional holiday due to long service).Sorry to have rattled on for so long,any advice would be gratefully received.Thanks.

del8oy Fri 09/05/08 08:25

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missspeedy23
Fri 09/05/08
08:37

As far as I am aware it is the same as before, where you get the same contractual rights as you currently have. I think the only thing that can change is certain pensions.

If you look at the following link there is a document on there you might want to look at, it might help.

http://www.berr.gov.uk/employment/trade-union- rights/tupe/page16289.html

HTH
Jo
x

del8oy
Fri 09/05/08
10:34

Question Author

Thank you.I have now gone through this document and have found nothing to say that we can't transfer under the same contract again.I have found an area where they have screwed up already so I am now fore armed with the correct info.I was right not to trust them as they really don't seem to have a clue(at local level anyway!!LOL!).Thank you again xx

buildersmate
Fri 09/05/08
21:21

The basis of TUPE is that the employee transfers his employer under the same or equivalent conditions at the time of transfer. It doesn't mean that the employer cannot negotiate for changes to conditions afterwards, and it doesn't mean that you can't be TUPE's again, either to another company or a diferent employer within the same holding company. You should not be being asked to transfer this second time on inferior terms. Tell them this.

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