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s_ever | 13:36 Fri 09th Feb 2007 | Law
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could anyone out there define the tupe process
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It is known as the Transfer of Undertakings and Protection of Employment. It basically means you transfer your contract of employment to another employer who is legally obliged to honour all your existing conditions eg.. Holiday entitlement, Salary, Pension etc... However, once you transfer, your new employer can then begin to negotiate new conditions for you, but any negotiations MUST go through your union and be agreed by them. Don't be forced into changing any part of your existing contract of employment. If you do feel pressured, make sure you put it in a letter that you are doing it under protest. That way, your new employer cannot say you simply accepted this new role.
I fell prey to tupe law recently.

I injured myself at work during our tupe period and was off for 4 months. The old company only offer 4 weeks of full pay while the new company offer 6 months of full pay. So, financially it's in their favour to tell me I'm still working under the old company's contract.

Just frustrating that a week after i returned to work the new contracts came in and I was now entitled to 6 months full pay.

so tupe can work both in your favour or against it.
try putting TUPE into google and see what you get

Its one of the most complicated pieces of employment law ever devised and full of pitfalls and complications

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