Can anyone help with TUPE?

[wilson83]

Can anyone explain the laws under TUPE?

A brief explanation of why I want to know is, I was employed by a certain goverment department that deals with statistics on a 51 week contract. However, after this finished (on the 19th Jan 07) my manager told me that I was still needed, but the goverment were not able to pay my wages, but the facilities company that provides the catering, post and on site shop (let's call this company bubbles) has agreed to employ me, but doing the same job as what I was doing. So basically the goverment pays them my wages, plus bubbles charges of 6% for their hassle (i know a bit stupid). I am doing exactly the same thing, with the same people. The only thing that has changed is who pays my wages.

Now, my husband and I want to start trying for a baby in a couple of months, but I want to know if I can get maternity pay, as I have worked in the same job for over a year, but now I am with bubbles, I do not know if this means I am effectively starting a new job?

Sorry this is an essay, but I would appreciate any help.

[buildersmate]

My reading of it is that you have a new job, a new employer and you were not TUPE'd across. TUPE occurs when employees of one organisation are taken over or bought out by another. That hasn't happened to you - the single job (yours) seems to have been moved over. There's some general stuff here. One has the suspicion that your previous civil service department did this to avoid you accruing 52 weeks of employment service and thus gaining employment rights (in the event of an unfair dismissal claim). It sounds a bit of a crude attempt at doing this and you may wish to talk to the Citizens Advice Bureau. It maybe that you could still claim that you have employment with the original department.

http://www.direct.gov.uk/en/Employment/Employe es/RedundancyAndLeavingYourJob/DG_10026691

[wilson83]

Thanks Builder'smate

Yes, the goverment department's are very clever. Employ you on a casual 51 week contract and then get a outsourced/insource company to take you on in the same role, so effectively you don't gain any rights..i.e maternity!

I hope you are wrong with your opinions on TUPE, but I appreciate your help. I am going to take your advice and see my local CAB this week.

Cheers

[Cennet]

Call the Acas helpline on 08457 47 47 or www.acas.org.uk

TUPE and maternity leave are two of the most complicated piece of employment legislation ever devised by man

Good luck