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Employee rights under TUPE.. A little advice please!

Eric

Distinguished Member
I work for Total Fitness as a Swim Coach. Becky Adlington Swim Stars is taking over the swim side of TF in the next few weeks. I have a meeting on Monday with HR etc..

Now, I am employed, with contract and an hourly rate. Which I am happy with. BASS have their instructors on self-employed contracts. Can they force me to move to that under TUPE or do they have to continue with my current contract?

Cheers!
 

DarenD

Well-known Member
TUPE means you will have the same pay, benefits and contract with your new employer that you had with your old employer. (That is until you have been TUPE'd across then the HR arses start to erode everything over time)

They can go down the 'Harmonisation' route and offer you a carrot and stick but it has to be more beneficial. OR they can say that because of an economic decision they can't honour your old contract but it has to be legally watertight.
 
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rousetafarian

Moderator
@IronEric , DarenD is right and for the sake of it make notes in any subsequent meetings for the record. TUPE can be a nightmare, especially after the harmonisation is over.
 

Eric

Distinguished Member
Thanks, I thought they had to carry it over, but as you said, they may start to edit and change when they can!
 

Mr.D

Distinguished Member
was tuped 6 years ago. no problems , in fact i was offered a mucg better assignment with a subsequent pay rise witin 1 year by the new company.
 

nheather

Distinguished Member
Not sure whether it applies to you, so just for interest, note that pensions are rarely covered by TUPE. This is because in most cases the specific pension is not detailed in the contract. So more often than not, your current pension will be frozen (fixed at that time and then grow under whatever annual growth the scheme has) and you will join the pension scheme of the new company.

I've seen this confuse quite a few people moved from a generous pension to the poorer pension of the new company who have heard that "TUPE protects all your terms and benefits".

As others of said, as time after TUPE progresses the new company's HR might harmonise the T&Cs - the only real thing guaranteed to persist is your years of service. So if you are ever made redundant they have to include the years served at the previous company.

Cheers,

Nigel
 

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