TUPE transfer- do you have to provide evidence of right to work? What happens if there are problems with the transfer process??

[cluttered]

I (with several others) have just been transferred to another employer under TUPE, my first day was March 31st. I naively assumed everything would be handled smoothly by our new employer since this has been planned for several months.

However, some of the others in this situation (but not me) have been told that they need to take their new contracts and meet with Payroll by the end of this week or they risk not being paid for April. I and at least one other person have not had any contracts or communication and I am concerned as I am away for a conference next week and maybe it will be too late after that to sort out in time to be paid? I am not sure why Payroll will need to meet with us, do we need to show by means of passport that we are entitled to work in the UK or does this carry over from our previous job. This is the only reason I can think of that we would need to meet in person. If through their negligence I didn't get paid despite working a whole month, would I have any comeback, or do I just have to find some other way of meeting my mortgage payments for this month?

[KatieMiddleton]

There should be no need for contracts if you have been moved over under TUPE.

Do you have a union or other representative body who has been involved in the transfer? They could then ask for information on behalf of all of you.

[KatieMiddleton]

No need for new contracts

[louvert]

I'd be inclined to call payroll today and check whether they need to see you. I suspect it's something very simple - collecting bank details, perhaps?

[DelGirl]

I was tupe'd twice in the 'same' employment and never had to anything like that.

[cluttered]

OK thanks everyone, I rang Payroll today who confirmed that I did need to see them by the end of this week to be paid into my bank account this month. However if I hadn't seen them I would apparently have received a cheque and been taxed at emergency rate. They did also require to see my passport to check my right to work in the UK (surely this information could have been passed on from the previous employer).

My letter from HR was waiting when I got home so I would have had only tomorrow to arrange all this if I hadn't heard about it earlier informally from another employee. I am not very happy because they have had several months to arrange this, surely they could have warned us in advance to put time aside at the end of this week, some people could easily have been on leave.

Also, yes, apparently I did need to sign a new contract. I think they are unfamiliar with TUPE and we are being treated as other new starters as I was also given an application form for an ID/entry card, which I don't need since I have worked in the building for 5+ years!

The only good thing to say about this employer (compared with the old employer which has handled the process really well with copious information at every stage) is that the transfer date was moved forward one day, from 1st April to 31st March, to allow us to join the pension scheme as final salary not career average!! Apparently this was my doing, I contacted the pensions officer to ask about when the scheme was changing, he said we would miss out by one day, next thing I heard the date was moving and my enquiry was the reason for this!

[KatieMiddleton]

Pensions aren't covered by TUPE but I don't understand why you are being asked to sign a new contract? This is not normal under TUPE. Nor are the other requirements.

I would not sign another contract. My ex-employer tried this after I was TUPE'd over and wanted to substantially change my terms, including worse terms for maternity pay. I refused I later took redundancy!

TUPE is not difficult - CIPD publish loads of stuff and loads of government bodies publish guidelines so really no excuse. Especially because if they cock it up they can face claims for constructive dismissal (failure to pay, failure to apply correct tax code, failure to recognise existing contract could all be contributing factors towards arguing a breach of mutual trust and confidence).