Transfering of contracts - privatisation

[Rainbow]

what will the situation be with regard to our current contracts of employment, including all the signed agreements, revisions etc. will the business be covered under T.U.P.E ?
Quote from Acas website -http://www.acas.org.uk/index.aspx?articleid=1655
"The Transfer of Undertakings (Protection of Employment) Regulations (TUPE) protects employees' terms and conditions of employment when a business is transferred from one owner to another. Employees of the previous owner when the business changes hands automatically become employees of the new employer on the same terms and conditions". but for how long!

[mazztheman]

i might be wrong but i think its 6 mts before they can change any terms and cons

[unionjack0]

our area rep seemed to think it was a year

[Glenno]

Got a feeling its 13months

[TrueBlueTerrier]

Got a feeling its 13months

our area rep seemed to think it was a year

i might be wrong but i think its 6 mts before they can change any terms and cons

Got this from a local government website but the info provided will be exatcly the same for us: http://county.durham.gov.uk/sites/lgrak ... x?FAQId=29" onclick="window.open(this.href);return false;

Q5. What protections do employees have under TUPE?[

The effect of a TUPE transfer is that the employment contract continues in full force and effect so that, for example continuity of employment is preserved. After a transfer it is as if the employees had always been employed by the new employer.

The effect is that the new employer has the same rights and obligations in relation to the employees that the transferor had. Accordingly, terms and conditions of employment including pay are preserved by TUPE. Furthermore individual’s contracts of employment are governed by collective bargaining (for example pay increases). That position will continue unless and until the contract of employment is varied with the agreement of the employee.

How long does TUPE protection last?

TUPE protection does not “run out” after a certain length of time. But in practice the TUPE Regulations cannot indefinitely protect employees who transfer to a new employer. Please see question 5 above.

Although glancing through various stuff watch out for any correspondence or talk that concerns ETO as apparently this can be used in certain situations to bypass TUPE - I will keep researching exactly what this means and what the impact could be. However, if any one else knows please jump in and explain in simple language I only got 2 CSEs in English.

[dvbuk55]

If there is an ETO reason, then normal employment law rules apply. Therefore, a dismissal for an ETO reason will still have to fair (it is normally by reason of redundancy) and any variation in contract must be achieved by individual agreement, collective agreement (where the individual contract allows for it) or, after careful consideration, by dismissal and re-engagement.

An economic, technical or organisational (ETO) reason
There is no statutory definition of an ETO reason, but Government guidance suggests it is likely to include:

a reason relating to the profitability or market performance of the transferee’s business (an economic reason)
a reason relating to the nature of the equipment or production processes used (a technical reason)
a reason relating to the management or organisational structure of the transferee’s business (an organisational reason)
In many cases, redundancy can be a valid ETO reason where there is a genuine need for redundancies.

Following a recent decision in the Court of Session (not binding on English tribunals) it is likely that the ETO reason must belong to the employer making the dismissal or variation. This will prevent transferors borrowing the ETO to make redundancies or changes to terms and conditions before the transfer takes place.

Looking at it they can more or less suit themselves