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In at the deep end - TUPE and me: Carole Sayer

Wednesday 04 June 2014

When I was asked to write some new guidance on the Transfer of Undertakings (Protection of Employment) Regulations - TUPE to you and me - my heart sank.
Carole Sayer

Carole Sayer

Carole Sayer is a Guidance Advisor at Acas.

How do you make a subject like TUPE straightforward and understandable? How to you translate a very complex piece of legislation into a practical process for employers, employees and employee representatives to follow at work? The initial response of friends I spoke to wasn't encouraging: a deep intake of breath was followed by a knowing shake of the head.

Undeterred, I started reading and talking to operational colleagues. It didn't take long to realise that yes, TUPE can be a bit of a monster, but it's a monster we need to embrace.

As a recent Acas policy paper highlighted, outsourcing and mergers have become a part of business life for many organisations. And research suggests that this trend is only likely to increase as pressure is exerted on the public sector to cut costs and increase efficiency. A 2013 government impact assessment indicated there are between 26,500 and 48,000 TUPE transfers each year and that it affects between 1.42 million and 2.11 million employees.

This statistic is backed up by our own experience. The Acas helpline received 27,500 calls on TUPE between January and December 2013. This equates to around 3.2% of all our calls - a really high percentage for just one topic. And a recent case study from the Acas research team shows the impact that good employment relations can have on making TUPE transitions as smooth as possible.

Drafting a short leaflet to help explain the 2014 TUPE legal changes helped me get a handle on some of the headline issues. The leaflet has proved very popular, with over 20,000 downloads in the first 8 weeks.

Perhaps the obvious popularity of TUPE helped me to like it a bit more. I soon found many other people with a deep interest and understanding of the subject. The end product is, I hope, a fairly comprehensive, but accessible guide to conducting a TUPE transfer.

The guidance splits the TUPE process down into 4 stages and tells you what actions to take at each stage. This is backed up by a sample TUPE process plan. There is also a sample employee liability/due diligence form and a comprehensive glossary.

Do you have any experiences of going through a TUPE? If so, I would be very interested to hear them. Good or bad: TUPE matters and it is not going anywhere fast, so the sooner we get to know how it works the better.

64 Comments

  • Posted by Alan Randall  |  16 September 2014, 8:54PM

    I have just been tupe over to another company and have been told they can change my employment terms after three months to bring my income down in line with there other employees.

    Please advise 

  • Posted by Carole Sayer  |  23 October 2014, 4:01PM

    TUPE protects against changes to employment terms for an indefinite period if the main reason for the change is the transfer, so changes like a reduction in income are likely to be void.  However sometimes changes can be valid but its difficult to tell without asking a lot more questions, it would probably be best to call the Acas helpline on 0300 123 1100 where you can talk about the details which relate to your particular situation

  • Posted by Carole Sayer  |  19 January 2015, 12:00PM

    Here is a response to the question posted by Paul B.You say that you work for the Local Authority and that the work you do is being outsourced to another provider for them to provide the service to a school.  However you are also saying that the job descriptions and functions are changing due to a reorganisation and want to know whether Tupe applies in this situation.

    If my interpretation of your query is correct then check pages 7 – 10 of the Acas Tupe guidance which sets out the situations where Tupe applies to service provision changes.  Look at the final two points which are explained on page 9   “The activities should not become overly fragmented” and “The activities should remain fundamentally the same” to determine which of these best describes your situation. If you need further advice contact the Acas helpline on 0300 123 1100, or if you are a member of a union contact your local representative  for  advice relating to your individual situation.

  • Posted by Mike Bell  |  4 October 2014, 10:46AM
    Being shop steward for 400 plus contractors we are due to be split 50-50 the transgression manager based those for tupe on the last 13 weeks geographical ie as where you worked in the last 13 weeks.This has been premeditated, and carried out in a unfair manner nepotism, and tupe rules and regulations have been broken your thoughts please.
  • Posted by Carole Sayer  |  23 October 2014, 4:15PM

    You believe that that contractors have been deliberately moved around in advance of a service provision transfer in order to influence who is in the transfer pool (please correct me if I’ve understood this wrong).

    If this is the case and you believe that TUPE rules have been broken then you should make your full time officer aware of this.They will be able to talk with the outgoing employer and help you build relations with the incoming employer, this should ensure that the correct contractors are in the transfer pool.

  • Posted by Frank Storey  |  7 November 2014, 9:55PM

    being a tupe transfer for ten years now, along with other two colleagues and still on a old previous contract which present company now wants to make massive fundamental changes to our contracts at our ages of 58, and other of 59 the company wants to change our shift system to a more or less permanent nightshiftwhich we have have never worked in our work history of 42 years as our contracted hours are between 7am till 8pm where there is work to be done in these hours, the current workforce have it written into their cintracts that they can be changed by agreement along with their colleagues who do nightshift now, they also want to increase our working hours from 35.5 to 42 along with compulsory bank holidays as the current staff sold their rights many years ago to this time off, all in all i feel as at my time of life my quality of life will suffer and want to stay on my current contract through TUPE how do we stand on rejecting any new contract offers from the company  

  • Posted by Carole Sayer  |  17 November 2014, 9:18AM

    TUPE protects against change/harmonisation for an indefinite period if the sole or principal reason for the change is the transfer.

     

    However sometimes change can be valid, so take a look at pages 37 – 39 of the Acas guidance “Handling TUPE transfers” and seek advice about which type of change your situation falls into.  If you are a member of a union talk to your local representative to gather information to determine the best way forward for you and your colleagues.

     

  • Posted by Paul B  |  19 December 2014, 2:38PM

    I work for a local Authority and the service my post provides is being 'devolved' back to the clients we provide it to (Schools) however the Council are paying another provider the entire sum to provide it, would I have TUPE rights in this case?

    There is a reorganisation and none of the prposed (lower paid) job descriptions include any of the functions that include the above duites.

  • Posted by Carole Sayer  |  19 January 2015, 1:04PM

    You work for a Local Authority and your work is being outsourced to a provider but the functions are subject to reorganisation. You want to know whether Tupe would apply.

    If my interpretation of your query is correct then pages 7 – 10 of the Acas Tupe guidance explains the situations when Tupe does and doesn’t apply. Check out  the two bullet points on page 9  “the activities should not become overly fragmented” and “the activities should remain fundamentally the same” to determine whether either of these could apply to your situation.

    If you are a member of a union talk to your local representative for advice relating to your individual situation or call the Acas helpline on 0300 123 1100

  • Posted by Heather Kerr  |  18 February 2015, 11:17PM

    Where do I stand with regard to my position? I was in an administrative position before TUPE but after TUPE  was told there were no jobs in admin with the incoming employers despite being told by HR that I would be doing the same as before. I have doing manual work as I understood at the time as that was all that was available. It is definitely not fundamentally the same as before..

  • Posted by Anne northampton  |  17 January 2015, 2:49PM

    We are being transferred under TUPE. The new employer is pressurising us to sign their contracts pre transfer. Some will gain others will be red circled regarding their pay as they will be demoted from day one. Are they allowed to do this?

  • Posted by Carole Sayer  |  19 January 2015, 12:23PM

    Employees who transfer under Tupe should continue to enjoy the same terms and conditions of employment with the incoming employer, and under Tupe change is void if the sole or principal reason for the change is the  transfer. However sometimes change can be valid see pages 37 - 39 of the Acas Tupe guidance for further details.

    If you are a member of a union talk to your local representative for advice relating to your individual situation or call the Acas helpline on 0300 123 1100

     

  • Posted by Nicole Glasgow  |  22 January 2015, 11:26AM

    I am being transferred under TUPE in April this year.  I work for a large council with a generic admin support team.  However, I am currently supporting the team of proffessional staff who are being transferred and it seems that no other part of the admin support group is being considered.  Admin staff are sublect to frequent rotation and we just happen to be in the affected section at this time.  This seems unfair?  Should the selection pool have been wider?

  • Posted by Carole Sayer  |  23 January 2015, 9:59AM

    In a service provision transfer under TUPE, employees who are assigned to the organised grouping of employees automatically transfer to the incoming employer at the point of transfer. Whether or not the selection pool should have been wider will depend on the nature and frequency of staff rotation.

    If you are a member of a union talk to your local representative for advice relating to your individual situation or call the Acas helpline on 0300 123 1100

  • Posted by Nick Howarth  |  2 February 2015, 3:31PM

    I work in a pyroll department for a SME. We were acquired by another company last October. We have already staged on auto enrollment. Internal reorganisation has lead to 50 employees joining our PAYE Scheme. Their old organisation has not yet staged. Under TUPE would we auto emroll these new employees?

  • Posted by Carole Sayer  |  2 November 2015, 10:02AM

    ~~
    It’s difficult to talk about the details of your situation without a wider grasp of the details and more information, especially when it comes to TUPE. 

    I suggest you call the Acas helpline on 0300 123 1100 or check out thepensionsregulator.gov.uk who provide guidance to employers on workplace pensions

     

  • Posted by michelle doncaster  |  17 February 2015, 8:33AM

    i work for the local council and are about to be tuped over to a private company, but there is no equivalant post to mine, they say that we will remain on present terms and conditions, but if there isn't a post of the same one i am doing presently what happens? do i get redundancy or can they demote me to a lower position?

  • Posted by Carole Sayer  |  2 November 2015, 10:11AM

    ~~Generally an employee transfers to the incoming employer on the same terms and conditions but it’s difficult to talk about the details of your situation without a wider grasp of the details and more information, especially when it comes to TUPE. 

    I suggest you call the Acas helpline on 0300 123 1100 or check out pages 34 – 35 and 41 – 42 of “Handling TUPE transfers”

    http://www.acas.org.uk/media/pdf/d/r/Handling-TUPE-Transfers-The-Acas-Guide.pdf

     

  • Posted by Carole Sayer  |  2 November 2015, 10:47AM

    ~~Generally if TUPE aplies then an employee transfers to the incoming employer on the same terms and conditions but it’s difficult to talk about the details of your situation without a wider grasp of the details and more information, especially when it comes to TUPE

    I suggest you call the Acas helpline on 0300 123 1100 and  check out pages 11 – 12 of “Handling TUPE transfers”

    http://www.acas.org.uk/media/pdf/d/r/Handling-TUPE-Transfers-The-Acas-Guide.pdf

  • Posted by Abhishek Gupta  |  7 March 2015, 11:04PM

    My service is going to transition on 31/03/2015. The criterion of a service provision change as laid out by BIS qualifies in case of this service suggesting it to be a ‘relevant transfer’ under the TUPE regulations.However, niether of the incoming and the outgoing employers have invoked the TUPE process. I've raised this query with my current employer and it's been more than a month now that I'm not getting a satisfactorily response even after multiple follow-ups. There is also a question on my eligibility under the TUPE as I'm a Intra-company sponsored migrant (Tier2 ICT long term staff visa), i strongly believe that I'm eligible as it's been more than 2 yrs now in UK working full-time on the same service and I know people who are on the same work permit status and have gone through TUPE process very recently. 

    Post 31-Mar, I would either be sent back to my home country or there are slight chances I would be re-staffed within UK. 

    clearly, employers have failed to trigger TUPE process as such, what is the best course of action for me here? 

  • Posted by Carole Sayer  |  2 November 2015, 10:19AM

    ~~
    It’s difficult to talk about the details of your situation without a wider grasp of the details and more information, especially when it comes to TUPE and the right to work in the UK. 

    I suggest you call the Acas helpline on 0300 123 1100 and  use the Gov.UK elegibility tool to find out if you are eligible to work in the UK

    https://www.gov.uk/legal-right-work-uk

     

  • Posted by Elaine  |  14 March 2015, 9:15PM

    I went through a somewhat horrible Tupe in October 2013. Myself and 4 others were part of a team working as domestic assistants in a local councils retirement houing blocks. We had all worked there for some years (One lady had worked there for 20 years) and were considered part of the retirement  housing team, going on courses such as Protection of Vunerable  Adults, Lone Working, etc as well as the expected COSHH training. We were asked to attend a meeting by our team manager in August 2013 and advised by him that we were to be tuped in  the October 2013. It seemed to us that it was very much a  "if you don't like it you can go" type thing, We were all pretty stunned, we just never saw it coming. To our amazement our manager got up and left us in the meeting room, and pretty much never  bothered to speak to us again!  If he came into a building we wewre working in he would just look the other way. I had also another contract which I had to get checked independantly  (It was proved to be void as I had "Left" the company)  I should say that everything was done properly from a legal point of view, it it was just the human side of things which caused us all a lot of hurt and upset. We had lots of questions but most just went unanswered.   On the day we left the council, we did not even get a "thank you" for all the years we had worked for them, or a "Good luck" nothing was heard from our manager at all. We all felt pretty worthless as you can imagine. The worst thing though  was a coiuple of months later when we all had to hear how our manager had been nominated for and accepted an award as "Employee of the Mon th" for the part he played in bascially getting rid of us! Ouch! The whole thing was painful for us, and poorly done by management, please, please, please don't forget that all staff are human beings, and talk things through with them not ignore them. It wopuld have been so much easier to bear if someone had just saw us as human beings with feelings. The new company? I sort of get the impression they don't really want us either, hardly see the manager and we have had no training at all since being tuped. Time to retire I think..... :(

  • Posted by Carole Sayer  |  2 November 2015, 10:36AM

    ~~
    It sounds as though you all went through a difficult time but thank you for taking the time to share your experiences with us. Getting the human element of the transfer process right is important to ensure success.
     

  • Posted by Doreen - Dumfries  |  17 March 2015, 3:21PM

    I am to be Tuped over from a third sector org to a Vol org at the end of the month. At first they said they would not Tupe the two of us and fought our HR all the way. They have now advised that they will Tupe us. I am presently a team leader (3 years) and my HR have advised that I should Tupe over into the same role. However the Vol org has put out adverts in the local paper for a team leader (at a considerably lower wage than mine). They offered me an interview but my HR advised that I did not need to go for the interview as per Tupe regs. The Vol Org has advised that due to myself not attending the interview that I will be only offered a housing support post? Can they do this as they had a team leaders post vacant and this was advertised after the tupe was agreed?                      

  • Posted by Carole Sayer  |  2 November 2015, 10:48AM

    ~~Generally if TUPE aplies then an employee transfers to the incoming employer on the same terms and conditions but it’s difficult to talk about the details of your situation without a wider grasp of the details and more information, especially when it comes to TUPE

    I suggest you call the Acas helpline on 0300 123 1100 and  check out pages 11 – 12 of “Handling TUPE transfers”

    http://www.acas.org.uk/media/pdf/d/r/Handling-TUPE-Transfers-The-Acas-Guide.pdf

  • Posted by Anonymous  |  14 May 2015, 11:24PM

    Hi, I'm working as a bar manager in hotel, which now had a deal with another company, who will take care of the bar and will have different name of the bar, however, the employement, payroll and all other aspects hotel will keep managing. So, in theory, they only bring another copmpany and another brand. Once its been anounced to the staff about the changes, I found out from my line manager, that the new company already have bar manager employed. I raised the question to my employer and they pretended that they dont know anything. Now, after 2 months and when only 2 weeks left when the bar will be closed for refurbishment, my employer send me an email with available positions and there was no bar manager position available. I raised the question again, and they confirmed that the position is been employed already by incoming company. After few days I have asked what company has on offer for me, so will go for meeting tomorrow. Alternative during the bar closure is offered to relocate bar to other departments, which I'm not happy at all due to the unorganised and unplanned operational issues etc. Also the new company did not even contacted me nor for an interview nor to assess my skills. Question 1 - m I covered by TUPE?

    Question 2 - if I resign, can I claim unfair dismiss as the company is making me very uncomfortable to work for and I'm now too stressed to even think about current job, as I need to support my family (2 kids) and look for another job etc.

    Thank You

  • Posted by Carole Sayer  |  2 November 2015, 10:55AM

    ~~Generally if TUPE applies then an employee transfers to the incoming employer on the same terms and conditions but it’s difficult to talk about the details of your situation without a wider grasp of the details and more information, especially when it comes to TUPE

    I suggest you call the Acas helpline on 0300 123 1100 and  check out pages 6 – 8 of “Handling TUPE transfers” about whether TUPE applies and pages 41 – 43 about TUPE and dismissals

    http://www.acas.org.uk/media/pdf/d/r/Handling-TUPE-Transfers-The-Acas-Guide.pdf

  • Posted by Sarah  |  26 May 2015, 3:18PM

    I have been in my present job for 18 years 11 months. I am being Tuped over for a second time next monday. I am 60 percent a care-coordinator in the office and 40 percent out doing care calls. The new company have said to me that there is no position in their offices and therefore have said that they will have to put their staff at risk and that we will have to apply for one of the care co-ordinator jobs in the office. I was told if unsuccessful then i would be made redundant. At the meeting last friday i was given three options, one to resign, two to being tuped over as a full time carer in the community and three to apply for a job in the office. She is now back tracking and saying that ,maybe no to redundancy and that i should be a full time carer but to me thats a substantial change to my present job ! Could you please give me some advice, thankyou

  • Posted by Carole Sayer  |  2 November 2015, 11:06AM

    ~~Generally if TUPE applies then an employee transfers automatically to the incoming employer on the same terms and conditions but it’s difficult to talk about your situation without a wider grasp of the details and more information, especially when it comes to TUPE

    I suggest you call the Acas helpline on 0300 123 1100 and  check out pages 33– 37 of  “Handling TUPE transfers” about changing terms and conditions and TUPE.

    http://www.acas.org.uk/media/pdf/d/r/Handling-TUPE-Transfers-The-Acas-Guide.pdf
     

  • Posted by Glenn  |  10 July 2015, 11:12AM

    My company has recently lost a service contract and as I am solely engaged in delivering service on that contract believe I am covered under TUPE. My current employer is asking me to forego my rights under TUPE in order to stay with them however, my worry is that this effectively means I have no protection and can be considered to have resigned. Is this the case?

     

  • Posted by Carole Sayer  |  2 November 2015, 11:21AM

    ~~Generally if TUPE applies then an employee transfers automatically to the incoming employer but it’s difficult to talk about your situation without a wider grasp of the detail and more information, especially when it comes to TUPE

    I suggest you call the Acas helpline on 0300 123 1100 and  check out pages 40 – 43 of  “Handling TUPE transfers” about TUPE and terminating employment, look particularly at page 42.

    http://www.acas.org.uk/media/pdf/d/r/Handling-TUPE-Transfers-The-Acas-Guide.pdf
     

  • Posted by Posted by Linda  |  13 August 2015, 9:34AM

    Can a transferor charge the transferee for information contained within personnel folders which refers to the employees transferring across in a service provision transfer?  We are being asked to pay £25 per person x 28 employees which I believe is not legal. 

  • Posted by Carole Sayer  |  2 November 2015, 11:34AM

    ~~Generally if TUPE applies then a Transferor must provide employee liability information to a Transferee but it’s difficult to talk about your situation without a wider grasp of the detail and more information, especially when it comes to TUPE
    I suggest you call the Acas helpline on 0300 123 1100 and  check out pages 30 - 31 of  “Handling TUPE transfers” about Employee Liability Information, look particularly at the top of page 31. I suggest you seek further opinion about the charging element.

    http://www.acas.org.uk/media/pdf/d/r/Handling-TUPE-Transfers-The-Acas-Guide.pdf

  • Posted by Paula T  |  26 August 2015, 5:05PM

    My NHS employer wants to transfer my contract to another NHS provider and I don't want this. I have been told if I don't that is equal to me resigning. Is this true?

  • Posted by Carole Sayer  |  2 November 2015, 11:38AM

    ~~Generally if TUPE applies then an employee transfers automatically to the incoming employer but it’s difficult to talk about your situation without a wider grasp of the detail and more information, especially when it comes to TUPE
    I suggest you call the Acas helpline on 0300 123 1100 and  check out page 42 of “Handling TUPE transfers”
    http://www.acas.org.uk/media/pdf/d/r/Handling-TUPE-Transfers-The-Acas-Guide.pdf   

  • Posted by Mim  |  29 October 2015, 2:37PM

    Hi, I wonder if you could please give some advice.  I worked for a large organisation for eighteen years ago and last April, the whole department were tuped across to a consultancy firm.  We would work on the account of the outgoing organisation and "the only change would be the name on our payslip".  Since then, the company who outsourced have realised that they cannot sustain the high rates which the consultancy are charging for the resource and have started to employ contractors to do the specialised work they outsourced.  This leaves us in a position where it is likely we will be made redundant by the consultancy organisation.  Where do we stand on this?  Surely, the outgoing company cannot just employ other people to do work which they outsourced.

  • Posted by Carole Sayer  |  2 November 2015, 11:47AM

    ~~There are circumstances where it can be fair to make redundancies or dismissals following a transfer and circumstances where it is not. So it is difficult to talk about your situation without a wider grasp of the detail and more information, especially when it comes to TUPE
    I suggest you call the Acas helpline on 0300 123 1100 and  check out the “TUPE and Terminating Employment” pages 40 - 43 of “Handling TUPE transfers”
    http://www.acas.org.uk/media/pdf/d/r/Handling-TUPE-Transfers-The-Acas-Guide.pdf   

  • Posted by Sali B  |  1 November 2015, 10:02AM
    Hi Work for a cleaning company that lost the contract for a new company I clean a pub and the manager of the pub want's to dismiss me I received a letter from my current cleaning company saying that I will be transfered to the new company coming but the pub manager now is saying that I don't want a cleaner anymore so I have to leave what should I do as I think this is an unffair dismissal.
  • Posted by Carole Sayer  |  2 November 2015, 11:56AM

    ~~ 
    It is difficult to talk about your situation without a wider grasp of the detail and more information, especially when it comes to TUPE.


    But it sounds like you work for a contract cleaning company and not the pub manager, what do your employers say? I suggest you call the Acas helpline on 0300 123 1100 for more information

  • Posted by Anonymous  |  15 November 2015, 2:02AM

    Hi Carole,

    Please to see your prompt reply's to the queries.

    I just wanted to ask about TUPE transfer for the employees who are on Tier 2 General (work permit) Company sponsored visa.  I have been working with company A and received Tier 2 general visa in Dec 2013 valid for 3 years which is expiring in Dec 2016. Now Company B has taken over the contract and my visa is still valid for 1 year and I will be transfered to work for company B via TUPE. I want to know if there are any legislation/rules that clarifies the formalities to get TUPE transfer for the employees who are on sponsored Tier 2 Visa (Work Permit) so that I can continue my employment with Company B.

    I would appreciate if you could please get back with the answer to my query.

    Many Thanks

  • Posted by Carole Sayer  |  17 November 2015, 3:21PM

    ~~~~The TUPE rules apply to employees but they do not say anything about work permits or visas. Rules about sponsorship, visas and immigration are dealt with by the Home Office and this is not an area where Acas has expertise.
    I have however had a look on Gov.uk and found some guidance on sponsorship for employers and educators, but I suggest you seek advice to check that this is the right document for you.
    https://www.gov.uk/government/publications/sponsor-a-tier-2-or-5-worker-guidance-for-employers
    Take a look at pages 42 – 45 which covers “Mergers, takeovers, and similar changes”
     

  • Posted by Rasheed  |  3 December 2015, 7:42PM

    I am working for NHS as a medical device engineer. i am under TUPE cosultation period. My NHS employer has already asked me to work for the new service provide with out given me a new written employment contract.

    Is this right to do my old employer?

    New supervisor is asking me to do medical equipment which I do not have any certified technical training. Is he right to force me to do these tasks?

  • Posted by Carole Sayer  |  21 April 2016, 9:23AM

     

    Where a contractor takes over activities from a client, circumstances must exist immediately before the transfer for
    the TUPE regulations to apply (see page 7 of the Tupe guidance to see if this applies to you). If it does then the terms of employment transfer to the contractor at the point of transfer.

    Where an employee transfers under the TUPE regulations, their terms and conditions of employment transfer with them.

  • Posted by suzie  |  4 December 2015, 12:12PM
    My colleagues and myself have just been TUPE over and we have been told that we have to work a week in hand by the new company. Basically we worked a week in hand when we all started! our new pay date is 18th Dec. When we will have worked 3 weeks but we will only get 2 weeks pay!! This seems very unfair especially at Christmas time ! Any advice would be welcome.
  • Posted by Carole Sayer  |  21 April 2016, 11:21AM

    From what you say this sounds like a change from the old pay terms to the new, or it could be a measure,  check out pages 33 and 37 of the Acas booklet "Handling TUPE transfers"

     http://www.acas.org.uk/media/pdf/d/r/Handling-TUPE-Transfers-The-Acas-Guide.pdf

     It is difficult to talk about your situation without a wider grasp of the detail and more information, especially when it comes to TUPE. I suggest you call the Acas helpline on 0300 123 1100 and they will be able to talk through the details with you

     

  • Posted by MG  |  9 December 2015, 4:27PM

    Hello, I am going to be TUPE transferred from a private org to a local authority.   I have a company car which can be used for personal use by myself and family members.  I have been advised that I will no longer have a car at point of transfer, I will get a compnay van but personal useage is not allowed (nor can family members use (the van) - is this allowed?

  • Posted by Carole Sayer  |  21 April 2016, 11:36AM

    This sounds like a change to your terms, and the circumstances in which change can be made following a TUPE transfer are listed on page 37 of the Acas booklet "Handling TUPE transfers"

     http://www.acas.org.uk/media/pdf/d/r/Handling-TUPE-Transfers-The-Acas-Guide.pdf

     It is difficult to talk about your situation and be explicit without a wider grasp of the detail and more information, especially when it comes to TUPE. I suggest you call the Acas helpline on 0300 123 1100 and they will be able to talk through the details with you

  • Posted by glen wright  |  28 January 2016, 10:43PM
    I know this may seem like a tricky 1 to answer but I was/am employed by a facilities management company that had a contract in a large office block with multiple government agency offices. The company I worked for to start moved office blocks with 1 of the contracts (does our jobs stay with that compan?) we put in for our redundancy and got declined and didn't stay with that company (is that classed as our resignation?)... Now for the remaining contract it came up for tender and another company won that contract in the old office block (is this a tupe situatio?). 3 months on the previous company sent our p45 and it states we finished working for them 10 days before we started with the new company that took over the other contract I take it they have took it as our resignation? What's everyone's thoughts on this?
  • Posted by Carole Sayer  |  21 April 2016, 11:42AM

    This is indeed a tricky situation and it is difficult to say whether TUPE is or isn’t involved without knowing more detail.

    Please do call the Acas helpline on 0300 123 1100 and they will be able to talk through your individual situation with you

  • Posted by Janet Joyce  |  2 February 2016, 7:43AM

    I transferred under TUPE to an incoming employer yesterday.  I am being asked to change 40% of my role, and the other 60% won't contain the entirity of the former duties I held.  I was given the job description yesterday.  This is the first time I have seen it.  I feel I have agreed to transfer with lack on information.  To add insult to injury, as I have gone from a public service to a private organisation, Unison are reporting that they "probably aren't the right union to represent me going forward".  Can I be asked to do different duties?  None of this seems fair.

  • Posted by Carole Sayer  |  21 April 2016, 11:48AM

    Changing terms and conditions following a transfer is covered on page 37 of the Acas booklet "Handling TUPE transfers". Whether your employer is able to change your terms will depend on whether or not your old employer could have asked you to carry out different duties.

    http://www.acas.org.uk/media/pdf/d/r/Handling-TUPE-Transfers-The-Acas-Guide.pdf

     It is difficult to talk about your situation and be explicit without a wider grasp of the detail and more information, especially when it comes to TUPE. I suggest you call the Acas helpline on 0300 123 1100 and they will be able to talk through the details with you.

  • Posted by Janice x  |  4 February 2016, 11:05AM

    Hi I am an house keeper for a budget gym we have just been told that the cleaning contract is being taken over by a cleaning company I have only work there for just s year I am 1 of 4 full time cleaners working 37.5 hours a week  now we are being told that we may have to do a loan nite shift and a reduction on are hours to maybe 15 to 20 hour 

  • Posted by Carole Sayer  |  21 April 2016, 11:55AM

    It isSpringpl difficult to talk about your situation and be explicit without a wider grasp of the detail and more information, especially when it comes to TUPE. I suggest you call the Acas helpline on 0300 123 1100 and they will be able to talk through the details with you.

     But it sounds like they want to change your terms and conditions and  this is covered on page 37 of the Acas booklet "Handling TUPE transfers

     http://www.acas.org.uk/media/pdf/d/r/Handling-TUPE-Transfers-The-Acas-Guide.

  • Posted by jimmy  |  23 March 2016, 4:22PM

    hello, i work for a community based charity. 11 months ago we asked a cleaning company to take over the cleaning of our building. In that time the charities income has decreased therffore we asked the community workers to clean the building as they work on a daily basis as part of any other duties. This way we could stop the cleaning contract.

    We informed the cleaning company who informed us that this was ilegal and that we would have to employ their staff member to continue the cleaning via a TUPE transfer as we could not add this to original staffs duties.

    Is this correct?

     

     

  • Posted by Carole Sayer  |  21 April 2016, 12:14PM

    I’m struggling here because on the one hand TUPE may well apply if the work remains and continues in the same manner, but on the other hand it may not if the work is being done in a different way or the contract is coming to an end.

    There are so many different factors to take into account here that need to be discussed, please do call the Acas helpline on 0300 123 1100 and they will be able to talk through the details with you.

  • Posted by dinesh  |  5 April 2016, 11:30AM

    Hello Carole,

    I awas working for a company under Tier 2 general visa(have visa until July 2017) and my old company is my sponsor. My old company was bought by new company on JAN 2016 and from Jan 1 I transferred to  new company under TUPE act. My new company already got a sponsorship status. On March 21st 2016 my new company made a new application for another 5 years. When I went for p[remium appointment, case worker had a look at my application and he said he couldnot be able to find any proof or evidence for the TUPE has been informed and approved by UKVI. So he advised me to send that proof to show my TUPE is performed correctly within 14 days time otherwise my application will be refused. I then contacted my employer and they have no idea of what the case worker is looking for. However, later I came to know that my TUPE status is not been reported to UKVI via SMS before the application was made(my employer didnot aware of this). So then my new employer reported the change via SMS and submitted the evidence to UKVI before the 14days given time. Now I am actually waiting for the response from HO. But now I am really worried about the result. Could you please help me whether the above will be an issue and will have a negative effect on my application or it wont?

    Your reply will really help me.

  • Posted by Carole Sayer  |  21 April 2016, 12:27PM

    The TUPE rules apply to employees but they do not say anything about work permits or visas. Rules about sponsorship, visas and immigration are dealt with by the Home Office and this is not an area where Acas has expertise.

     It sounds as though you and your new employer have done what you can to provide the relevant information to the Home Office and I wish you well for your application.
     

  • Posted by anna chairman  |  13 April 2016, 8:22PM
    When we got took over.. we were told that all contracts would stay the same..including long term service holidays, that we had accumulated up over the yrs in our first place of work. But when the 5.6 wks holidays came out ...our long term sservice holidays were taken off us.. Can they the new company do this ?
  • Posted by Carole Sayer  |  21 April 2016, 1:42PM

    This sounds as though it happened quite some time ago, could your additional long service holidays have been merged into the 5.6 weeks holiday entitlement? Whether you are entitled to additional leave will depend on the wording in your contract of employment. Please do call the Acas helpline on 0300 123 1100 and they will be able to talk through the details with you

     

  • Posted by S Shah  |  16 April 2016, 9:57PM

    I got mapped to a role but when I was moved, they put me under another section of the same team. My grade is not changing but the depth of my work will change which I'm not happy with.

  • Posted by Carole Sayer  |  21 April 2016, 1:27PM

    From what you say this could be a change or it could be a measure,  check out pages 33 and 37 of the Acas booklet "Handling TUPE transfers"

     http://www.acas.org.uk/media/pdf/d/r/Handling-TUPE-Transfers-The-Acas-Guide.pdf

     It is difficult to talk about your situation without a wider grasp of the detail and more information, especially when it comes to TUPE. I suggest you call the Acas helpline on 0300 123 1100 and they will be able to talk through the details with you

  • Posted by Matt  |  19 April 2016, 10:33PM

    My company are going through TUPE at the moment and have tried to get us to transfer on to the new contracts only giving us 2 days to return the singed contracts (which j have not). The pay date has changed meaning they are going to pay us on the 26th rather than the 20th, but have not formally notified us of this in writing. We have also been told that on the 26th when we finally do get paid, it will not be from the 20th previous month but from the 1st of the following month. Meaning I am a week short. The new company are calling it 'a week in hand'. Surely this can't be legal when i have worked there since 2009 and they have not explained this in writing? What about when I worked my week in hand back in 2009?? The stress of not knowing what is going on has been terrible, no pay and not knowing what will happen about this 'week' of wages is awful. Please advise. Thanks in advance. 

  • Posted by Carole Sayer  |  21 April 2016, 1:32PM

    From what you say some of these could be changes and some measures, check out pages 33 and 37 of the Acas booklet "Handling TUPE transfers"

     http://www.acas.org.uk/media/pdf/d/r/Handling-TUPE-Transfers-The-Acas-Guide.pdf

    Although you have kindly provided a good deal of information, it is difficult to give a definitive reply without asking further questions, especially when it comes to TUPE.

    Please do call the Acas helpline on 0300 123 1100 and they will be able to talk through the details with you

     

  • Posted by Acas Communications Team  |  21 April 2016, 1:53PM

    The Tupe blog has now been closed for comments.

    If you have any comments or queries, please call the Acas helpline on 0300 123 1100 and they will be able to talk through the details with you.