28 Apr 2018

A question about : TUPE confusion

Hello

We are being TUPEd over to a new company in the next month or so but there has been some confusion over sick pay.

Currently we are entitled to 26 weeks full pay and the new company contract states it is dependent on length of service (I will get about 6 weeks and other colleagues a bit more as they have been here longer).

We have been given the option of keeping our pre existing contract, or moving over to theirs.

I am planning on moving over as the pay is more and there are a couple of other benefits and i dont really take time off sick.

My question is:

For my colleagues who plan to keep our current contract, how long does the new employer have to keep them on/honour the contract?

Best answers:

  • There will be protection at point of transfer, thereafter contracts may be exposed to management review.
    They are in a union?
  • It is true that there is no time limit on the protections. However, that actually isn't good news, because there is no "minimum period" of protection either. As stated, the terms are protected at the point of transfer. Immediately after that the employer can revise them on the basis of economic, technical or organisations reasons. To be honest, it isn't hard to find a justification if the employer wants to find one. Thereafter, although there is no "end date" after 18 - 24 months it is highly unlikely that a tribunal would not support changes anyway - in the end, anyone's terms can be changed and TUPE can only be relied on to a degree.
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