TUPE anyone?

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I am currently working for an IT outsourcing company that has a warranty repair contract with HP. It looks like this contract is going to another company. If this is the case, we are likely to be moving to whatever company gets the contract via a TUPE agreement. Just wanted to test the water to see if anyone has been through this process, and what your experiences with it were.

 

Not really sure at the moment. I have not even heard that the contract is definitely going. Last year we were supposed to TUPE across to another company when the other company contested that TUPE applied. HP got fed up with all of the arguing between my company and the company the contract was going to that they extended the contract with us for another six months. Then they extended it for another three months, then yesterday I learned that they extended it for another month so it looks like something is up.

I hear what you are saying about it possibly being a positive to go work for a larger company with more scope for advancement and I quite like this prospect. Rumour has it that that HP are looking to bring more of this kind of work in-house so we may end up working for a division of HP like CDS. All speculation at the moment. I am mainly worried about being made redundant.

 

At least you'd have and be in a job. I have been through TUPE once and it was a pretty smooth transition. Best wishes

 

I was TUPED in November last year. Company that I TUPED to were excellent and even honered non-contractual elements like pension contributions etc. It was a worrying time (having never experienced anything like it before) and who knows what the future may bring but looking back on it, was the best move I ever had to make!

Agree with Jim's comments re. going with the flow - there's no point trying to fight it as it's likely it's a done deal well before you get to know about it!

 

Thanks for all of the reassurance gents! I may actually be better off with a good TUPE'ing! Time will tell...

 

If you have time...

There's further reading you can look up on direct gov website. Type in TUPE next to the "search this site" top right screen.

The Citizen's Advice Bureau can also help clarify your situation. Type in your post code and it should give you a phone number to dial. The number might get engaged sometimes but to be able to speak to a knowledgeable person will help ease your worries.

Even better is to speak to a solicitor who is able to provide a "quick" free service to determine if you will get tupe across or not. Try this Jobsite link.

Your employment status remains continuous if you get tupe across.

 

I have been TUPE'd into and then out of EDS when they lost the contract I was working on. Going in was easy as EDS have the facilities to cope with hundreds of different T&C. That part didn't really affect me. TUPEing out was completely different. The new employer wanted everyone to move to their standard T&C's so it was up to everyone to individually negotiate their new pay to compensate for the parts they had to give up.
My first recommendation for anyone who thinks they may be in this situation eventually is to join a union immediately. The new company can not make you redundant immediately, but can do so the day after you move across. I was fortunate that I lasted nearly a year before I went and I got nearly double EDS's redundancy payment

 

I'm just about to be TUPE'd across to TCS, which is quite worrying as I know that they often cut a LOT of heads when they win contracts like this!

Not sure what to expect, just getting to the stage now where we are being given the details of how our T's and C's might change and what we will keep the same etc.

Anyone else here worked for TCS? Any goods or Bads?

 

My knowledge of TUPE was that they have to take you onto the contract as it stands and it only lasts for the first year after which they can change it, let you go, force you to choose between a lesser job or force your self out of work etc

 

LOL - EDS tried to tell us TUPE only lasted 2 years. The union put them straight on that, TUPE is for life. I met someone who worked on a Government contract. All the people who transitioned across were still on T&C that had changed many years ago for those left behind and it was impossible to find some of the forms needed for appraisals etc.
1 - They can't change your T&C EVER unless you agree to it.
2 - They can let you go on day 2 if they wanted to, but are unlikely to as that could leave them open to a lawsuit (I lasted 11 months).
3 - If your job existed before the change then it MUST exist on day 1. If they restructure then you will be in the same position you would have been in if your present employer restructured.
4 - In the UK, you can't be forced to take a pay cut.
5 - If you change to the new employers T&C, you can't move back a couple of years later (ie annual leave conditions may be better for people with up to 5 years service, but be worse for longer service).
6 - You can change to the new employers T&C at day 1 or any time you choose (opposite scenario for leave).
7 - Get everything in writing.
8 - Join a union.

In my move out of EDS, there were some people the new employer did not want (no offices where they were, etc) they had to take them on, but they would have had long long commutes. They were offered very good packages to go, I know a couple of people who got well over 2 years pay.

 

Joining a Union does not give you any protection what-so-ever if the company you have been TUPE'd to does not recognise trade unions - as is the case with the company I have been TUPE'd to.

 

I agree with this - my company recognises a union in the north of the country, but in the south no unions are recognised.

Thinking about redundancy - the new company can make you redundant through the normal ways but the added incentive for them to do it sooner is that any redundancy that takes place within, I think, 6 months of being TUPEd over, the original company/organisation pays the redundancy payout. We've just gone through a redundancy phase at work and I remember this being mentioned at the time.

 

I never said it did. It will, however give you better advice than you will get anywhere else.