TUPE FREQUENTLY ASKED QUESTIONS AND ANSWERS

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What is a TUPE Transfer?

This is where either part or all of an organisation’s process and staff are transferred over to a new employer. 

What happens to my terms and conditions?

Under TUPE regulations you will maintain the terms and conditions you currently have unless the terms and conditions of the new employer are more favourable, in which case you can elect to be employed under their terms and conditions.

How much notice am I entitled to?

The organisation needs to give you 45 days notice.  However, some organisations will give more than this to enable employees to ask questions and attend meetings.

Can I be dismissed because of the Transfer?

No, you cannot be dismissed as you are protected under TUPE Transfer rules.  Any dismissal that is connected to the transfer would be automatically treated as “unfair”.   (See Redundancy)

Can I be made redundancy because of the Transfer?

Yes you can be made redundant and new changes to TUPE law have made it possible for you to be made redundant before the handover, i.e. the new organisation can decide it doesn’t need all of the staff from the existing organisation and redundancy consultation will then take place with the existing organisation.  For this not to be unfair there needs to be “an economic, technical or organisation reason entailing changes in the workforce”

What happens if I don’t want to Transfer to the new Employer?

If you do not want to transfer you can request redeployment (depending on the size of the organisation) or to be considered for redundancy if available.   The only other alternative is to resign.   The trade union will endeavour to secure redeployment for members where possible.

What happens to my pension?

All pension accrued under the former employer are protected.  In some case the new employer will continue to contribute to this scheme.  Future pension rights after the date of transfer are excluded from the TUPE Regulations.

Will my trade union be recognised?

Any trade union recognition will transfer across to the new employer.  The trade union will get agreement from the new employer that recognition will continue.

What happens to my trade union subs?

If you currently pay your subscriptions through your payroll then the trade union will negotiate with the new organisation for this to continue during the consultation process.

What happens to my personal file?

This folder will be transferred across with you to your new employer.  It is advisable therefore, to ask to see your personal file to ensure that there is no information retained that is spent.  This information has to be provided to the new employer 28 days before the transfer.

 

 

What happens to my Pay?

Your payroll details will be transferred to the new employer and you will be advised of the pay date, if this is different to your current pay date then you should not suffer any detriment.  Example:  If you are currently paid on the 28 of the month and your new pay date will be the 15 of the month, you will not suffer any detriment, however if you are currently paid on the 15 of the month and your pay date is changed to the 28 of the month you will suffer detriment and part of the consultation period will ensure that a payment is made to cover this period initially.

What Training Can I have?

You will be entitled to be trained to carry out your job within the new organisation, this will be covered by your trade union at the consultation stage.

What happens if I get promoted in the new organisation?

Unless previously agreed, you would normally then revert to the organisations terms and conditions as you are only protected on your current terms and conditions under TUPE Regulations.

Do the staff in the new organisation know about the transfer?

It is the duty of the new organisation to consult its current workforce about the transfer .

Can the new organisation change my terms and conditions after one year say?

No, currently your terms and conditions are protected.  They can be renegotiated after one year provided that overall the contract is no less favourable to the employee, your trade union will be consulted during any changes to terms and conditions.

Who is covered under TUPE?

All businesses are covered under TUPE, a recent change however states that “Businesses with fewer than 10 employees are not required to invite the election of representatives for consultation purposes if no existing arrangement s are in place.”

What happens if the company I am transferring to is further for me to drive to?

If the distance you have to travel is excessive and you have to resign then a tribunal would find that you had been automatically unfairly dismissed unless the organisation had, during consultation put in a range of support proposals to reduce the effects of the location change, which may include a severance package.

What happens to collective agreements that I currently benefit from?

Recent changes to the TUPE Regulations any transfers on or after 31.01.14 do not bind the new organisation to adhere to these collective agreements i.e. Pay increases.  Collective Agreements of employees transferred before this date are protected.