TUPE transfer

Submitted by Bumblebee on Tue, 06/12/2011 - 11:49pm

Hi, I would like to ask a question about TUPE transfer.
As employees, we were told that our company will send information such as our name,job title and salary to the new providers (ie:main providers of the CPA)
Can someone confirm if this is actually true?
If there are 3 or more providers, does it mean that each provider chose the employees they wanted based on the information given to them? Or was it up to the company transferring the employees to "dispatch" staff to main providers?
Thanks

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Submitted by smurf on Wed, 07/12/2011 - 5:25pm.

Bumblebee, dont know if your own company actually sent information, but it is a requirement of the TUPE regs that information is shared between transferor and transferee. So the company transferring out would have to send information on who fell into scope for transfer. You would need an expert in this field to tell you exactly what has to be sent but when my company transferred staff we were asked for details such as name, job title, salary, holidays owing, any disciplinary or grievance history, pension and any perks.

Both company's also have a duty to consult.

Where there is one or more companies taking up the contracts, again I dont know what the legal requirement actually is, but in our area the list we supplied was simply cut into two between the two contractors and it was simple luck as to who got whom.

Submitted by Bumblebee on Sat, 10/12/2011 - 12:30pm.

Hi,thank you for your reply. I was told I would transfer to 1 of the companies so I think I was on the list of transfer but after a 121 meeting with the new company, they refused my transfer saying TUPE doesn't apply due to the delivery of the work programme being different to FND. They even say that I was not even on the list of transfer.
If the company transferring me said/thought I was in scope and the new company changed their mind after the 121 meeting, who is right then?
If I was working on FND, should TUPE transfer applied to me anyway,whatever role I was doing? Thanks

Submitted by Tyn on Mon, 12/12/2011 - 3:20pm.

There is no simple answer Bumblebee. I think the whole TUPE issue surrounding the Work Programme has been flawed with insufficient direction from the DWP and providers (understandably) trying to minimise the impact on themselves. If you are a Union member then they are your first port of call, otherwise, give ACAS a call on 08457 474747.