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Redundancy or TUPE not sure which.....both are equally scary

(7 Posts)
skyblue11 Thu 06-Dec-12 18:34:31

So, I work for a council, this is the third year we've had cuts and it looks like our service could be TUPE'd . I really, really don't want to go across to the other company, rumours are they are awful to work for and after a short time you lose your service and rights etc. I could take voluntary redundancy but am afraid at 50 would be struggling to find something else in this climate. Husband is in a similar situation so I feel pressured. Problem is its a whole new way of working, no flexi, hard to get to so I'd have to go by bus which means I can't take DD to school any much spinning in my head, feel really upset and anxious.

bakingaddict Thu 06-Dec-12 18:55:30

If you are being TUPE'd then you retain your same T and C's that you had on your council contract surely. You dont move to the new company's T and C's. I was TUPE'd the other year and this was the case for me

skyblue11 Thu 06-Dec-12 19:53:26

It's not just that, it's a whole new way of working and living and travelling and I really don't feel I'm up to it anymore.

TattyCatty Thu 06-Dec-12 19:57:09

If you TUPE transfer, you have to retain your T&Cs by law. Your length of service goes with you as well - there is no way that your new employer can legally do anything to change it. You can be given the opportunity after a reasonable period of time to transfer to the T&Cs of your new employer but you cannot be forced to do so.

I have managed TUPE transfer situations for over 10 years (as I work in the temporary staffing industry - please don't flame me!), and was myself TUPEd to a new employer just over 2 years ago, so feel free to ask any questions and I'll try to reassure you.

skyblue11 Thu 06-Dec-12 20:00:55

My concerns are that after a few months they could have their own restructure and make us redundant anyway, also not sure if we can transfer our pensions and I believe after two years they can change your contract anyway..

TattyCatty Thu 06-Dec-12 21:23:25

Pensions are not covered by TUPE so you would have to take independent financial advice on that front. They can't change your contract as TUPE applies for as long as you remain employed. Redundancy can happen but any severance would be basec on your total length of service, so you would be no worse off than if you took redundancy now.

givemeaclue Tue 18-Dec-12 13:18:53

I think you are worrying a lot about what they may do in two years, any business can change in two years.

If you think you can get another job consider redundancy, if not then you will be tupe to the other business on same terms as you are currently on. If you can no longer drop dd at school, is there a breakfast club or child minder? Focus on the practicals and try not to get too stressed about What may happen in years to come.

Good luck

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