When a company refuses to accept TUPE

[scorps]

Our company lost the contract to a new company. Our company says we are safe under TUPE but the company who won the next phase have indicated that they will not take any employees from the outgoing contractors.

They have minimal staff and use subcontractors for everything else.
Not happy news for me in light of hubbys suspension which still isnt resolved
____________________
Do not presume that I am male.

[LockyUK]

business is business, they are not obliged i dont think to take staff, however normal case is that they do when contracts change hands, most commonly security, but hey good luck too you!

[yambabe]

Assuming that the new co have tendered and won the contract TUPE probably wouldn't apply as it usually only relates to a transfer of ownership of a business not a change of contractor.

For your own position, if they don't want to take you on direct but you know that they will still need someone to do your job to be able to service the contract have you thought about trying to subcontract to them yourself?

You could either set up your own company or provide your services via an agency or umbrella co.

It might mean a loss of some of your benefits and a certain amount of security but you should normally be able to negotiate a higher rate as a subbie to make up for the element of risk you would be taking on yourself.
____________________
Sod falling in love, I wanna fall in chocolate.

[scorps]

thanks for the advice, I dont like the new company they have a bad reputation but figured that they must know something we havent been told, my main priority now is to wait the next month or so out and get my redundancy pay or look for another job.
____________________
Do not presume that I am male.

[speedysquires]

Out of interest what industry do you work in?

I work in construction and have TUPE'd hundreds of staff both in and out.

TUPE is the right of the individual and there is no longer an amount of time you need to have spent on the contract, just a reasonable amount; I usually work on 60%+

If the contract has transferred I am presuming it has been won by tender therefore the client should have put something in the tender documents about this.

Anyone working on the contract should transfer to the new contractor on their existing T&C's. If the new contractor does not want you they can make you redundant in line with your current T&C's.

They can however dispute TUPE but in my experience they very rarely win.

If you want to know anything feel free to ask

[Spudly]

I'm fairly sure it is as speedy says, I don't think the new company has a choice about it, if your position is essential to the contract, they have to take you on.

Well worth a chat to Citizens Advice though.
____________________
The Old Apprentice

[speedysquires]

[scorps]

thats how we as a company are looking at it speedy, The contract is being looked at in two ways, from our companys point of view, this new contract is basically a continuation of the existing agreement but instead of there being three companies involved, the "client" wants one to do the lot,
this is not a good move in reality but. and here's the rub, the winning contractor states that as it is a new contract they are under no obligation to take us on. Ourselves and the other contractor are saying but this ints strictly a new one as such and Tupe we believe has been factored in.
Id rather find a new job and be made redundant as the winning company I believe are going to find themselves deeply in the mire,
one of the people who works for the clients believes this too so has put a clause in that after 12 months the contract can be taken away or halved etc if they dont perform.

We shall find out in six weeks anyway as that is when this contract ends. ho hum, construction is a funny old game.
____________________
Do not presume that I am male.

[speedysquires]

Hi Scorps

The new contractor is wrong and is just trying it on, this way they may get people to move on before the contract starts therefore reducing there risk.

If I were you I would sit tight and take your redundancy as you plan.
Out of interest who do you work for (client) and who is the new contractor - PM me rather than putting it on here.

Again if you want any advice just ask

[scorps]

rather not say to be honest, suffice it to say, one is a massive company and we arent. in fact the other contractor is a massive company too, think theres about 50 mx staff to be tuped.

Im thinking its best to sit it out id get a few grand but id not pass up a good job for that and the timescale is such that im not going to find anything decent in less time than I have left here.

I will certainly pm you if I have any questions though
____________________
Do not presume that I am male.

[speedysquires]

Check with your HR to see if details of staff working on the contract were requested by the client, this is normal procedure after the contract has been awarded to a new contractor. They may also be able to tell you what was in the tender docs, was TUPE priced in the contract or is being underwritten by the client.

I have priced previously on both

Good luck

[Spudly]

[brythered92]

https://www.acas.org.uk/index.aspx?articleid=1655
____________________
r6 99 quill pipe ....