TUPE

[johnbjohn]

The company i work for has recently lost the contract to another, i know most about the TUPE that is involved, could someone please tell me how long the Tupe will last before myself and my colleagues will have to accept a new one under the new employees conditions.

[boxtops]

I don't know that there is an end date - you are taken on by the new employer on the same T&Cs as you had with the old employer, but if they are changing all their contract terms at some future date, I believe they are entitled to change yours too.

[bednobs]

the tupe will be valid on the day you switch over. Then if the employer wants to make changes to the contract/hours pay they start a consultation process with the staff (I think)

[factor-fiction]

It will depend on what notice period you are on. They have to give the required notice.

[percommode]

Having been TUPE'd across to several different companies when my contract finished, I found that there was no discernible difference between the contracts or the companies. The companies themselves may change but all your continuity of employment, holiday entitlement, redundancy payment entitlements, position in company, terms and conditions etc., etc., are maintained in exactly the same manner as the contract was on your previous firm; it goes where you go. You and the contract are a package.

There are obligations on both sets of employers to consult with, and provide information to, any unions or employee representatives before the transfer takes place.

Transfers are subject to a one year qualifying period, and as such any dismissals will be automatically classed as unfair for a reason connected with the transfer unless it is for an 'economic, technical or organisational' (ETO) reason during that time. The only way that the new employer can change procedures to the workplace and to the terms and conditions of your employment contract is because of ETO reasons. These must be genuine; if it can be shown that they are false then the firm who has done this is highly likely to be liable for a wrongful dismissal claim.

Dismissals under TUPE fall into three parts. Any dismissal for which the sole or principal reason is the transfer itself, or a reason connected with the transfer that is not for an ETO reason, is automatically deemed as unfair (black and white – it’s unfair and the firm can be done); dismissals for which the sole or principal reason is not the transfer itself, but is a reason connected with the transfer that is for an ETO reason, is deemed as potentially fair subject to the normal test of reasonableness under unfair dismissal legislation (not quite so easy – may be either fair or unfair and is one that the new firm may try out); and finally dismissals for which the sole or principal reason is entire

[percommode]

(apologies, cropped by site) ... is entirely unconnected with the transfer (for example gross misconduct at work) fall outside TUPE as they are unrelated to a relevant transfer and the usual unfair dismissal principles will apply. This is the case even though the dismissals may be made around the time of such a transfer.
Legal advice is always useful and some law firms specialising in TUPE legislation will give you some time free while you decide what to do. Citizens’ Advice Bureaux are very useful to know and can be well worth a call.