after getting 90 days notice on friday that we have lost our contract to another company i looked into the tupe rules and see that there is what i see as a getout clause for the new company…ETO…i read it as if the new company can say sorry we cant honour the terms the old company had as it would not be economically viable then i have to take the cut or leave with no comeback of unfair dismissal?
am i reading this wrong?
anyone had good or bad experience of tupe?..its my first time…should i be looking for another job?
looking for a Job?
Better ask your Office for a Meeting and pop in with wife and Kids,explaining them why a Cut is not liked,but avoid loosing your Job
Tupe , used to be that the incoming company had to honour terms and conditions (excepting pensions and a couple of other bits) but i think that it was subject to a time limit.
e.g. for a maximum of 12 months.
No idea if it has altered recentley.
redundandcy entitlement IS TUPE’d across, you take your years with you.
If your terms are too expensive for the incoming company to handle they cannot claim that it is uneconomic as they would have had this info before negotiating the contract takeover and would have based their offer on this info
I could easily be wrong though!
(with all the typo corrections I have just done I think that i must have “immigrants” keyboard 
)
Been quite a lot of this in the car transporter game over the last 10 years.
If you are in the union and have good reps then you stand the best chance of being TUPE’d over, but thats not to say the union will do anything should the company refuse to take you on, though they should.
Whatever happens you drivers must stick together and be prepared to take on the company if they don’t want to play ball.
Some lads i know who were refused TUPE on one contract at Immingham went down the legal route and won (union of little help), but it took them several years, no jobs at the end of the day though they found other work (and like all of us who have, bloody glad to get out and will never go back)and received substantial compensation.
Don’t be bullied and don’t believe everything the union say, you need good competent legal advice if the new company don’t play ball, so stick together and share the costs.
You need as much paperwork as you can all find to prove the regularity and majority of your work, throw nothing away.
Hiya …I got tupe’ed about 9 years ago…that Peter Lane come to our company. they was going to do marvels (wrong)
with the distrubution.(Builders yards and roofers)no chance …Lanes was doing shopping malls on night delivery.
anyhow. the unions was a complete waist of time they did nothing… I was driving for Laybond at chester on a very
good hourly rate(ex shell company)so Lanes had to carry on with our terms and conditions for 2 years which they
did… the problem was our rate was almost twice that the lanes drivers was earning on salery… this did’t go down
very well with the transport manager so he made our lives as hard as possible, sort of forceing us out of a job.
i was fed up and left as the job had gone to pot. the 2 others left and went onto the tanker jobs, one stayed
then i herd that wincanton had taken over peter lane. Its all gone to ■■■■ now and theres nothing at all.
John
there are no time limits on the contract when tupe’d over.
you have read this wrong, like has been said. keep all your old contracts especialy the last one…
do not believe that after 12 months that you must accept a reduced wage. you dont.
i would be seeking legal advice if you do not know a union shop steward.
why people give advice on things they know eff all about . will just confuse you.
I have been tupe,d over a few times and i am pretty sure you take your terms and conditions with you for twelve months,and they can only change through consultation and negotiation ! They will start to look at cutting wage bills though because they cut these contacts to the bone and then try to claw some money back,quite often its the office bods that walk first tho.
why people give advice on things they know eff all about . will just confuse you
I gave the advice because at that stage no one else had replied to him.
I qualified my answer by stating that I could be wrong and didn’t claim that the reply was accurate.
have a nice day
del, i was not aiming my remarks at you, it was just an observation on a lot of posts.
but mainly on other posts.
del949:
Tupe , used to be that the incoming company had to honour terms and conditions (excepting pensions and a couple of other bits) but i think that it was subject to a time limit.
e.g. for a maximum of 12 months.
No idea if it has altered recentley.
redundandcy entitlement IS TUPE’d across, you take your years with you.
If your terms are too expensive for the incoming company to handle they cannot claim that it is uneconomic as they would have had this info before negotiating the contract takeover and would have based their offer on this info
I could easily be wrong though!
I don’t think that there’s anything standing in the way of management making reductions in terms and conditions like paid holiday entitlement or pay rates at any time wether it involves a company that’s recently taken over another or not.A pay freeze or a pay rise that’s below the inflation rate is effectively a pay cut anyway and that type of enforced reduction in terms and conditions is going on all the time and it’s only a small step to go past that into an actual pay cut.
With the general attitude to union action in the country and the oversupply of the labour market it’s not surprising that the question seems to be arising.I think the choice is as it’s always been.Accept it,fight it,or leave 
.
acas.org.uk/index.aspx?articleid=1655
Some useful info here. It’s happening where I work just now. There’s 15 guys nearing retirement age who were holding out for redundancy but have been tupe’d. Now they’ll be on the same T’s and C’s with the new company so its a kick in the nads for some of them as they’d have retired already if they’d known this was going to happen. It happened to others at my work a number of years back, tupe’d across to a new company who kept them on for 12 months then got rid of them.
t,u,p,e, has no time limits.
I’m a london bus driver, and tupe is rife in our industry.
We have just had some drivers come to us via tupe and they get exactly the same terms and conditions that they had with thier old employer.
Tupe can be a complete minefield, if you listen to all the rumours that drivers put about.
I wouldn’t look for another job if I where you, let it run its course and see what happens. It’s always worth keeping your service even though LIFO is rarely recognised the time counts for redundancy. It could all work out fine 
.
Under T.U.P.E your T’s&C’s remain the same with the exception of pensions. If the new company wants to change any of your T’s&C’s they must do it by negotiation, it cannot be forced on you. Without your agreement everything must stay the same, and there is no time limit either.
If you job still exists then you cannot be made redundant, it’s the job that becomes redundant not the employee, so don’t unduly worry about that, they can’t get rid of you and then set a jam roll on for less money.
If your T’s&C’s are not acceptable to the new company then they will probably try to buy them from you, but be aware they will only offer you a fraction of what they intend to save or gain.
I TUPEd in July 2007 and the T’s&C’s are still the same to this day, when we first changed over we where offered a 10k lump sum (less tax) to accept a salary, any 5 over 7 type affair with no weekend payments, but it was rejected 100% by the work force. The new company was just trying its luck, it’s never been mentioned since and there have been annual pay rises as well, so it’s not all bad.
Down side for us was we did loose our final salary pension though, these are now frozen but unfortunately there is no protection for pensions 
.
the firm i work for are due for a contract renwal,we should know in next week or so,the chance of a new company coming in is very high.im just gonna see what happens with regards t.u.p.e… not gonna make knee jerk reaction as could regret it. i know everyones situation will be different
As someone who was in car delivery for 20 years, and a Father and 2 Brothers also in the game, myself and one Brother ex shop stewards, and my Dad Branch secretary & vice chairman, the general rule of thumb was, you stayed on the T & C you TUPE’d over with for 12 months (union) rule then after that they could give 90 days notice of any change in T & C, but you did not have to accept them and nomally the status quo remained, I do know MCD had a problem down at Queenbo’ro that took quite a while to sort out, but you all need to stick together.