Dougy Posted July 13, 2022 Report Share Posted July 13, 2022 Is anyone on PW aware of TUPE regs ? A brief overview, I had been TUPE'd after 19 years service without any problems apart from the usual work load increase. If get promotion, and an obvious change of contract, i may possibly loose long service years and the 39 days hols (down to 28) due to the change in contract. IF i accept the offer,,,, the conversation will be had regarding the change of contract, its only 5k pa extra so i may even turn it down. Does anyone know whatthe regs are in the situation, ive spent allot of time looking but not found anything on line. thanks Quote Link to comment Share on other sites More sharing options...
oowee Posted July 13, 2022 Report Share Posted July 13, 2022 18 minutes ago, Dougy said: Is anyone on PW aware of TUPE regs ? A brief overview, I had been TUPE'd after 19 years service without any problems apart from the usual work load increase. If get promotion, and an obvious change of contract, i may possibly loose long service years and the 39 days hols (down to 28) due to the change in contract. IF i accept the offer,,,, the conversation will be had regarding the change of contract, its only 5k pa extra so i may even turn it down. Does anyone know whatthe regs are in the situation, ive spent allot of time looking but not found anything on line. thanks TUPE only applies to your existing transfer. If you take a new job you take the new contract. Quote Link to comment Share on other sites More sharing options...
Dougy Posted July 13, 2022 Author Report Share Posted July 13, 2022 Just now, oowee said: TUPE only applies to your existing transfer. If you take a new job you take the new contract. Thats what im expecting, im going to have a good read of the contract before anything is agreed. Quote Link to comment Share on other sites More sharing options...
gdadphil Posted July 14, 2022 Report Share Posted July 14, 2022 Hi, I'm retired HR. Understandably the new employer will want to get you on the same contract as the existing staff asap to make life easier for them. this gives you a sort term advantage to negotiate a better deal just a couple of thoughts presumable the current 39 days leave include 8 BH so 31 in reality similarly 28 -8 = 20. points to ponder you are going to still get paid for the 11 days lost leave but you now have to work them. so I would negotiate an increase in base pay to compensate (eg a days pay is either annual salary / 365 or 260 (different firms work differently)) how do they treat BH if you work them (I suspect without plussage) not sure what you mean about loosing 19 years long service your new contract should state clearly that your start date is the date you joined old company. this continuity of service is essential for calculating things like redundancy (should this happen in the future) and also possibly pension entitlement. there should be an agreement as to how the new employer is dealing with the previous pension scheme. I suggest you ask if they haven't already told you. this is a subject that all Tupe'd employees have a stake in so a bit of collective discussion with new HR wouldn't go amiss. if you are in a union (they would have been consulted if recognised) get details of new pension and ring union HO for details of where to get advice. if the old pension arrangements not continued then make sure you keep the old scheme admin up to date with any address changes. get a copy of the company staff handbook (if there is one) before signing any new contract as you will be subject to what it contains and you want to be as aware as possible of what they will expect. cheers gdadphil Quote Link to comment Share on other sites More sharing options...
yates Posted July 14, 2022 Report Share Posted July 14, 2022 I have been through TUPE twice in the past due to company takeovers. On each occasion all existing staff were given three months notice that their contracts were to be changed to that of the new employer. Very little consideration was given to the employee as basically everyone had to sign to retain their positions or risk unemployment. I hope your experience is better than mine Quote Link to comment Share on other sites More sharing options...
TOPGUN749 Posted July 14, 2022 Report Share Posted July 14, 2022 The staff at acas are very helpful with any employment questions,you just have to phone the help line.0300 123 1100. Quote Link to comment Share on other sites More sharing options...
gdadphil Posted July 14, 2022 Report Share Posted July 14, 2022 (edited) Acas is good Edited July 14, 2022 by gdadphil Quote Link to comment Share on other sites More sharing options...
Dougy Posted July 14, 2022 Author Report Share Posted July 14, 2022 Thanks gdadphil . Pension is OK a pretty good one, company pay in 3x my contribution. Your correct re A/L BH we work all of these bar 25/12. I was unsure re long service, 👍 Brief reply as on phone . 😉 Quote Link to comment Share on other sites More sharing options...
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