[Misc] TUPE question..

[The Clamp]

I work for two organisations. One of which has recently taken over the tender from my now former employer.

I was TUPE’d over.

Their process has been a shambles, asking me for my bank details repeatedly, despite me having provided these many times. Plus other similar, disconcerting mess ups.

I have repeatedly asked them for a contract. A query they finally got back to me on this morning with the reply that my contract is the same as my old company (this is true, TUPE law requires it to be so) and they don’t need to issue an new one.

This doesn’t seem correct to me. Yes, my contract conditions remain the same but surely they need to amend dates, Company names etc to reflect the fact I now work for a different employer?

I might be wrong but I’m not comfortable to just “use my old contract”.

Sorry for such a boring question but I can’t find any useful answers on Google.

TUPE is the law used to Transfer Undertaking and Protection of Employment.

 

[Rdodge30]

Fairly certain they need to issue you with an up to date Principal Statement of Employment which is very basic outline of your job description hours holiday entitlement pension and grievance/disciplinary procedures.

I

 

[WATFORD zero]

Whenever we TUPE'd staff over, we always issued new contracts in our name referring to the TUPE of the previous contract. Don't know whether it was legally required, but we just did it as standard practice.

So, no help whatsoever. Sorry

 

[medwayseagull reborn]

I work for two organisations. One of which has recently taken over the tender from my now former employer.

I was TUPE’d over.

Their process has been a shambles, asking me for my bank details repeatedly, despite me having provided these many times. Plus other similar, disconcerting mess ups.

I have repeatedly asked them for a contract. A query they finally got back to me on this morning with the reply that my contract is the same as my old company (this is true, TUPE law requires it to be so) and they don’t need to issue an new one.

This doesn’t seem correct to me. Yes, my contract conditions remain the same but surely they need to amend dates, Company names etc to reflect the fact I now work for a different employer?

I might be wrong but I’m not comfortable to just “use my old contract”.

Sorry for such a boring question but I can’t find any useful answers on Google.

TUPE is the law used to Transfer Undertaking and Protection of Employment.

Get the assurance that your old contract is being honoured in writing. A verbal assurance isn't good enough.

 

[keaton]

I don't remember getting a new contract when I was TUPE'd. But that involved Crapita

 

[The Clamp]

Whenever we TUPE'd staff over, we always issued new contracts in our name referring to the TUPE of the previous contract. Don't know whether it was legally required, but we just did it as standard practice.

So, no help whatsoever. Sorry

I think it’s good practice. This new company don’t seem too keen on such things.

 

[Goldstone1976]

I work for two organisations. One of which has recently taken over the tender from my now former employer.

I was TUPE’d over.

Their process has been a shambles, asking me for my bank details repeatedly, despite me having provided these many times. Plus other similar, disconcerting mess ups.

I have repeatedly asked them for a contract. A query they finally got back to me on this morning with the reply that my contract is the same as my old company (this is true, TUPE law requires it to be so) and they don’t need to issue an new one.

This doesn’t seem correct to me. Yes, my contract conditions remain the same but surely they need to amend dates, Company names etc to reflect the fact I now work for a different employer?

I might be wrong but I’m not comfortable to just “use my old contract”.

Sorry for such a boring question but I can’t find any useful answers on Google.

TUPE is the law used to Transfer Undertaking and Protection of Employment.

There's no requirement to give you a new contract under TUPE.

"On the date of the transfer, your new employer automatically takes over your employment contract. This means your employment contract continues – you do not get a new one.

Your new employer must inform you in writing that there’s been a change of employer." My emboldening.

Transferring to your new employer: Your TUPE rights – employee advice - Acas

Advice for employees on what happens before, during and after a TUPE transfer and what to do if you do not want to transfer.

www.acas.org.uk

 

[Weststander]

In employment law, I think you're 100% covered by that original contract, implied terms and any agreed variations since. Keep hold of that contract.

ACAS is always the best website for such matters, that's after nsc of course .

Aside from that, keep on the ball with any attempts to worsen your terms over time. Hopefully they're not like that.

 

[Happy Exile]

Weststander beat me to it, but ACAS are great and well worth a look https://www.acas.org.uk/tupe

 

[The Clamp]

Thanks chaps.

 

[AmexRuislip]

Fairly certain they need to issue you with an up to date Principal Statement of Employment which is very basic outline of your job description hours holiday entitlement pension and grievance/disciplinary procedures.

tI

This is correct
When i was TUped over from Serco to Babcock, I was issued with an add on from Babcock, to compliment my original contract, outlining my new TOR's.

 

[Blue3]

When I was TUPE over I received a welcome pack and an amendment to my previous contract letter stating that my terms and conditions were to remain as of the moment I transferred over

 

[The Clamp]

Appreciate the help. Thank you.

I am not impressed by this new company. Their communication is appalling. They use far too many portals and platforms.
I have had to put 3 new apps on my phone, all pretty useless and don’t seem to update the head office. One to see my payslips, one to look at my rotas, one to book on and off shift.

Then an additional website to book holiday, IT help and other admin. Which raises a digital ticket and I think I’ve spoken to a chatbot on there too. There is no facility to review or manage shifts, pay, holidays etc

The previous company had one app (Parim) that covered all of the above and was all in one place.
And an easy to reach HR department.

I would never have chosen to work for them. Shame. I’ve worked in that role for five years, two weeks into a new company taking over and I am actively looking for alternative employment.

 

[pasty]

Don’t recall getting a new contract when TUPE’d from AmEx to Xerox. Absolutely certain though that all my previous AmEx benefits remained in place, including length of service, which came in bloody handy 5 years later when Xerox made me redundant.

 

[The Clamp]

Don’t recall getting a new contract when TUPE’d from AmEx to Xerox. Absolutely certain though that all my previous AmEx benefits remained in place, including length of service, which came in bloody handy 5 years later when Xerox made me redundant.

All my terms of employment remain, which is a good job because they seem to pay minimum wage where they can get away with it.

I just didn’t know if they were correct when they said I can just use my old contract. I thought they’d at least issue an updated one with new company name etc.

However, I do have it in writing that my old contract is honoured and will continue to be so.

I guess that’s all I need.

 

[East Staffs Gull]

Get the assurance that your old contract is being honoured in writing. A verbal assurance isn't good enough.

The most important thing for you to do is to keep hold of your copy of the original contract.

 

[The Clamp]

The most important thing for you to do is to keep hold of your copy of the original contract.

I have digital and hard copies

 

[deletebeepbeepbeep]

I would just shave it all off mate, be bald and proud.

 

[Official Old Man]

Also check your holiday entitlements, which should be the same, but how much you are still due. Everything, and that is everything, should remain the same. As a business owner my payroll software has a TUPE button which done all this for me.

 

[The Clamp]

Also check your holiday entitlements, which should be the same, but how much you are still due. Everything, and that is everything, should remain the same. As a business owner my payroll software has a TUPE button which done all this for me.

Payroll is the last hurdle. My first payment from them is due in on the 15th.

I lit a fire under their arses today when they asked me, for the third time, for my bank details. Which I have given each time they’ve asked me.


We shall see on the 15th if they listened or not!