Does a TUPE transfer mean you can go from a permanent job to a fixed term contract?
Answers:
No, the new company will have to honour the current terms and conditions.
You will transfer with your current contractual terms and conditions, the new company may well offer to buy you out of this contract but you do not have to.
In my experience because of a lump sum compensation package most people sign when they see the mnoey!!
the contract will last as long as your new employers contract does but then you may get TUPE'd again.
TUPE's rarely run smoothly in my experience. It is outsourcing afterall.
best of luck.
get in touch with your local trade union rep if you have one and you are a member. If you do this and they prove unhelpful then get onto your Union HQ.
It means your old hours and job description stay the same they cannot alter things that make you worse off it's like a protection,so they cannot cut hours etc.
No, TUPE referres to the law governing transfer of undertakings.
It is there to protect employees from firms which try to cut costs by transferring the work to other firms who pay less money, or offer lower conditions.
it means that an organisation or business that takes over an undertaking from some other firm (e.g cleaning firm A, loses a contract, which is then taken over by cleaning firm B).
If the employees of firm A are offerred employment by firm B, to undertake the cleaning (in this e.g.), then the new firm (B) must employ them at no less conditions of pay / hours or other conditions, including continuity of employment.
if a person has worked for 18months with firm A, and continues their same or similar role with firm B, there must be no loss of conditions or earnings etc.. and their employment is considered as being unbroken from firm A to Firm B (i.e it is treated as contineuous employment).
If there is a significant loss incurred as a result of such a transfer, then the employee can claim redundancy compensation from firm A.
In the case of the question, the new firm (B) upon employing the previous employees of firm (A), also take on the service of those employees, and they (firm B) would be obliged treat them like any other employee of theirs, and to pay redundancy payments, should employment cease at some point due to redunddancy..
No. In my experience, TUPE means that your new employer must honour your current contract to the letter for 3 months from the date of takeover. Check out the website below (I'm assuming your in the UK) for further info, it states everything you need to know about employment law in the UK. Hope this helps.
No. this would be a change to your terms and conditions of employment and would be to your material detriment. This is precisely the sort of situation TUPE was enacted to avoid. If you were transferred onto a fixed term contract as a result of a TUPE transfer then you would be entitled to resign and claim constructive unfair dismissal.
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