tupe regulations

[chipbutty]

if a workfoce is tup'd , do they have to tupe all of you or can they make some redundant

[factor-fiction]

I'm not an employment law expert but i would have thought they could do make some rewdundamt and TUPE teh rest. After all, they could legally do it in 2 steps- make some redundant and then transfer the rest. It's probably fairer than TUPeing everyone then the new firm makes some redundant as the redundancy terms may be less favourable. And teh firm taking the staff wouldn't want to take more staff than it needs.

[Peter Pedant]

I agree with f 20 however this is something the Unions specialise in

go and join one at once !

[buildersmate]

Its the other way around Factor.
Under TUPE, the new employer HAS to take on the existing employees. It takes them on under the same (or certainly very similar) T&Cs as under there old employer. More importantly, the employment is continuous from a length of service point of viw.
What the new employer then decides to do is up to it - it can decide to make some of the workforce redundant, and consult with the workforce accordingly.
Something the Unions specialise in? - I don't think so.

[hammerman]

TUPE is not worth the paper it's written on as i'm about to find out with the local City council i work for.

As all councils are going through a "harmonisation" programme where a lot of restructuring etc is taking place, they can offer you a new contract with different hours, lower pay, less holiday etc etc. If you don't accept the new terms and conditions, they will just give you 12 weeks notice and make you redundant.

My position is due to be decreased by �4k a year....and chances are i'll lose my home because of it.

[buildersmate]

If you thought that TUPE ensured you had a job for life, then that's right, I understand you think it isn't worth the paper it is written on. It does exactly what I said it does. It doesn't prevent you from being declared redundant.
And anyway, most harmonisation programmes do not involve TUPE because they do not involve a change of employer.

[thugulike]

Hammerman if your salary reduces by more than 25% then you can claim constructive unfair dismissal. Are they offering any pay protection? Yours isn't a TUPE situation anyway. All local councils are going through the same trauma. Not sure where I'll be in the next year, hopefully released from my job and working for myself.