TUPE help

[workshy]

Hi -can anyone help me with this please?

how long is a TUPE agreement in effect ?

does it have any impact if the original company then folds?

help appreciated

Just asked DP, he said

TUPE is indefinite, whatever contract you had with your previous employer continues with your new employer.

Re folding, if it is the original company that issued your contract that has folded it will make no difference.

If it's the new company that has folded, they are obliged to honour your current contract but if they can prove that for commercial reasons, ie so the company would be able to continue trading, they would be able to change t&c.

Just reread your OP and see you already said original company

So there should be no changes.

it is the original company that has folded

can i ask another one....

what about non contractual benefits such as long service awards etc, would thses be covered under custom and practise?

thanks

DP says

If it's non contractual then they are not obliged to. If they are a highly ethical company then they may.

Your length of service will carry over though so the new company may have a similar scheme.

I've just pointed out to DP that I could've answered these without any input from him. Our conversations about his day in work are just riveting

DP has gone through TUPE process twice with his own job (and also deals with it in a professional capacity). I've been pregnant both times and it's an unsettling time but it's all been fine in the end.

thank you and thank Mr BuckBuckMcFate fr me :)

Remember that the new employer can make changes provided there is a valid economic, technical or organisational reason for doing so and the change is not mainly due to the transfer.

so if they were making other redundancies within the organisation they could argue that they need to bring TUPE staff salaries in line with new staff salaries?

Mr BBMcF says yes to your last question as it falls under the commercial reason for doing so. Eg. If the company is operating at a loss then they can argue that it is necessary to change wages to ensure company continues to trade.

thanks for your help :)