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TUPEd but job has changed [closed]
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I was TUPEd in November 2014. I was told I would be offered a new contract on 1st June 2015 after training for a different part of the business.
I did the training in May and am now doing the work for the new business. But my new boss has said that I wont get offered a contract until I prove that I can do the job.
I have been doing part of the job for 15 years.
Where do I stand and what can I do?
contracts united-kingdom
edited Aug 2 '15 at 21:30
user52889
7,21531527
asked Aug 2 '15 at 13:40
linda kerr
6
closed as off-topic by yochannah, Jane S♦, gnat, scaaahu, Philip Kendall Aug 3 '15 at 5:59
This question appears to be off-topic. The users who voted to close gave this specific reason:
- "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – yochannah, Jane S, gnat, scaaahu, Philip Kendall
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I was TUPEd in November 2014. I was told I would be offered a new contract on 1st June 2015 after training for a different part of the business.
I did the training in May and am now doing the work for the new business. But my new boss has said that I wont get offered a contract until I prove that I can do the job.
I have been doing part of the job for 15 years.
Where do I stand and what can I do?
contracts united-kingdom
edited Aug 2 '15 at 21:30
user52889
7,21531527
asked Aug 2 '15 at 13:40
linda kerr
6
closed as off-topic by yochannah, Jane S♦, gnat, scaaahu, Philip Kendall Aug 3 '15 at 5:59
This question appears to be off-topic. The users who voted to close gave this specific reason:
- "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – yochannah, Jane S, gnat, scaaahu, Philip Kendall
I am on the same money, nothing changed but also dont earn bonus which is less than what I was getting
– linda kerr
Aug 2 '15 at 13:41
1
For those (like me) who had no idea what "tuped" means: acas.org.uk/tupe
– Hilmar
Aug 2 '15 at 13:59
What do you have in writing about the offer of a new contract?
– Philip Kendall
Aug 2 '15 at 15:07
3
it's hard for us to say where you stand legally; it would probably be wisest to speak to a lawyer or union rep if you have one.
– yochannah
Aug 2 '15 at 19:56
1
@yochannah absolutely TUPE is immensely complex and has a lot of strange edge cases
– Pepone
Aug 2 '15 at 21:16
 |Â
show 1 more comment
up vote
0
down vote
favorite
up vote
0
down vote
favorite
I was TUPEd in November 2014. I was told I would be offered a new contract on 1st June 2015 after training for a different part of the business.
I did the training in May and am now doing the work for the new business. But my new boss has said that I wont get offered a contract until I prove that I can do the job.
I have been doing part of the job for 15 years.
Where do I stand and what can I do?
contracts united-kingdom
edited Aug 2 '15 at 21:30
user52889
7,21531527
asked Aug 2 '15 at 13:40
linda kerr
6
I was TUPEd in November 2014. I was told I would be offered a new contract on 1st June 2015 after training for a different part of the business.
I did the training in May and am now doing the work for the new business. But my new boss has said that I wont get offered a contract until I prove that I can do the job.
I have been doing part of the job for 15 years.
Where do I stand and what can I do?
contracts united-kingdom
edited Aug 2 '15 at 21:30
user52889
7,21531527
asked Aug 2 '15 at 13:40
linda kerr
6
edited Aug 2 '15 at 21:30
user52889
7,21531527
edited Aug 2 '15 at 21:30
user52889
7,21531527
edited Aug 2 '15 at 21:30
user52889
7,21531527
7,21531527
asked Aug 2 '15 at 13:40
linda kerr
6
asked Aug 2 '15 at 13:40
linda kerr
6
asked Aug 2 '15 at 13:40
linda kerr
6
6
closed as off-topic by yochannah, Jane S♦, gnat, scaaahu, Philip Kendall Aug 3 '15 at 5:59
This question appears to be off-topic. The users who voted to close gave this specific reason:
- "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – yochannah, Jane S, gnat, scaaahu, Philip Kendall
closed as off-topic by yochannah, Jane S♦, gnat, scaaahu, Philip Kendall Aug 3 '15 at 5:59
This question appears to be off-topic. The users who voted to close gave this specific reason:
- "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – yochannah, Jane S, gnat, scaaahu, Philip Kendall
I am on the same money, nothing changed but also dont earn bonus which is less than what I was getting
– linda kerr
Aug 2 '15 at 13:41
1
For those (like me) who had no idea what "tuped" means: acas.org.uk/tupe
– Hilmar
Aug 2 '15 at 13:59
What do you have in writing about the offer of a new contract?
– Philip Kendall
Aug 2 '15 at 15:07
3
it's hard for us to say where you stand legally; it would probably be wisest to speak to a lawyer or union rep if you have one.
– yochannah
Aug 2 '15 at 19:56
1
@yochannah absolutely TUPE is immensely complex and has a lot of strange edge cases
– Pepone
Aug 2 '15 at 21:16
 |Â
show 1 more comment
I am on the same money, nothing changed but also dont earn bonus which is less than what I was getting
– linda kerr
Aug 2 '15 at 13:41
1
For those (like me) who had no idea what "tuped" means: acas.org.uk/tupe
– Hilmar
Aug 2 '15 at 13:59
What do you have in writing about the offer of a new contract?
– Philip Kendall
Aug 2 '15 at 15:07
3
it's hard for us to say where you stand legally; it would probably be wisest to speak to a lawyer or union rep if you have one.
– yochannah
Aug 2 '15 at 19:56
1
@yochannah absolutely TUPE is immensely complex and has a lot of strange edge cases
– Pepone
Aug 2 '15 at 21:16
I am on the same money, nothing changed but also dont earn bonus which is less than what I was getting
– linda kerr
Aug 2 '15 at 13:41
I am on the same money, nothing changed but also dont earn bonus which is less than what I was getting
– linda kerr
Aug 2 '15 at 13:41
1
1
For those (like me) who had no idea what "tuped" means: acas.org.uk/tupe
– Hilmar
Aug 2 '15 at 13:59
For those (like me) who had no idea what "tuped" means: acas.org.uk/tupe
– Hilmar
Aug 2 '15 at 13:59
What do you have in writing about the offer of a new contract?
– Philip Kendall
Aug 2 '15 at 15:07
What do you have in writing about the offer of a new contract?
– Philip Kendall
Aug 2 '15 at 15:07
3
3
it's hard for us to say where you stand legally; it would probably be wisest to speak to a lawyer or union rep if you have one.
– yochannah
Aug 2 '15 at 19:56
it's hard for us to say where you stand legally; it would probably be wisest to speak to a lawyer or union rep if you have one.
– yochannah
Aug 2 '15 at 19:56
1
1
@yochannah absolutely TUPE is immensely complex and has a lot of strange edge cases
– Pepone
Aug 2 '15 at 21:16
@yochannah absolutely TUPE is immensely complex and has a lot of strange edge cases
– Pepone
Aug 2 '15 at 21:16
 |Â
show 1 more comment
2 Answers
2
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up vote
2
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You need ask your union rep, they will be able to give the most relevant advice. If you don't have one you will need to find a solicitor. We cannot provide legal advice.
But my new boss has said that I wont get offered a contract until I prove that I can do the job.
When you are TUPE'd, typically your old contract still stands (with some mostly minor exceptions, pensions being the biggest).
However, they may try to change the contract after the transfer and there are certain ways they can do this. This is a complex and changing area, plus the UK government has been looking for ways to make it easier for businesses to discard contract provisions of TUPE'd employees.
Moreover, if you have since been offered and accepted a job that was substantially different you may no longer be covered by TUPE.
All that said, if you work for someone, you will have a contract. It may not be written down yet, but you have the right to see the terms of your employment contract.
So you definitely need to take advice from your rep or solicitor. You should gather up every bit of communication you've had about the situation, especially your contract, terms and conditions, etc. before you were TUPE'd, and anything you received that had the word 'consultation' on it.
answered Aug 2 '15 at 21:28
user52889
7,21531527
suggest improvements |Â
up vote
1
down vote
You need to talk to a lawyer or some one who understands TUPE, this can get very technical.
If your bonus was contractual you should still have it - was this not covered during the consolation process.
answered Aug 2 '15 at 19:08
Pepone
1,508815
suggest improvements |Â
2 Answers
2
active
oldest
votes
2 Answers
2
active
oldest
votes
active
oldest
votes
active
oldest
votes
up vote
2
down vote
You need ask your union rep, they will be able to give the most relevant advice. If you don't have one you will need to find a solicitor. We cannot provide legal advice.
But my new boss has said that I wont get offered a contract until I prove that I can do the job.
When you are TUPE'd, typically your old contract still stands (with some mostly minor exceptions, pensions being the biggest).
However, they may try to change the contract after the transfer and there are certain ways they can do this. This is a complex and changing area, plus the UK government has been looking for ways to make it easier for businesses to discard contract provisions of TUPE'd employees.
Moreover, if you have since been offered and accepted a job that was substantially different you may no longer be covered by TUPE.
All that said, if you work for someone, you will have a contract. It may not be written down yet, but you have the right to see the terms of your employment contract.
So you definitely need to take advice from your rep or solicitor. You should gather up every bit of communication you've had about the situation, especially your contract, terms and conditions, etc. before you were TUPE'd, and anything you received that had the word 'consultation' on it.
answered Aug 2 '15 at 21:28
user52889
7,21531527
suggest improvements |Â
up vote
2
down vote
You need ask your union rep, they will be able to give the most relevant advice. If you don't have one you will need to find a solicitor. We cannot provide legal advice.
But my new boss has said that I wont get offered a contract until I prove that I can do the job.
When you are TUPE'd, typically your old contract still stands (with some mostly minor exceptions, pensions being the biggest).
However, they may try to change the contract after the transfer and there are certain ways they can do this. This is a complex and changing area, plus the UK government has been looking for ways to make it easier for businesses to discard contract provisions of TUPE'd employees.
Moreover, if you have since been offered and accepted a job that was substantially different you may no longer be covered by TUPE.
All that said, if you work for someone, you will have a contract. It may not be written down yet, but you have the right to see the terms of your employment contract.
So you definitely need to take advice from your rep or solicitor. You should gather up every bit of communication you've had about the situation, especially your contract, terms and conditions, etc. before you were TUPE'd, and anything you received that had the word 'consultation' on it.
answered Aug 2 '15 at 21:28
user52889
7,21531527
suggest improvements |Â
up vote
2
down vote
up vote
2
down vote
You need ask your union rep, they will be able to give the most relevant advice. If you don't have one you will need to find a solicitor. We cannot provide legal advice.
But my new boss has said that I wont get offered a contract until I prove that I can do the job.
When you are TUPE'd, typically your old contract still stands (with some mostly minor exceptions, pensions being the biggest).
However, they may try to change the contract after the transfer and there are certain ways they can do this. This is a complex and changing area, plus the UK government has been looking for ways to make it easier for businesses to discard contract provisions of TUPE'd employees.
Moreover, if you have since been offered and accepted a job that was substantially different you may no longer be covered by TUPE.
All that said, if you work for someone, you will have a contract. It may not be written down yet, but you have the right to see the terms of your employment contract.
So you definitely need to take advice from your rep or solicitor. You should gather up every bit of communication you've had about the situation, especially your contract, terms and conditions, etc. before you were TUPE'd, and anything you received that had the word 'consultation' on it.
answered Aug 2 '15 at 21:28
user52889
7,21531527
You need ask your union rep, they will be able to give the most relevant advice. If you don't have one you will need to find a solicitor. We cannot provide legal advice.
But my new boss has said that I wont get offered a contract until I prove that I can do the job.
When you are TUPE'd, typically your old contract still stands (with some mostly minor exceptions, pensions being the biggest).
However, they may try to change the contract after the transfer and there are certain ways they can do this. This is a complex and changing area, plus the UK government has been looking for ways to make it easier for businesses to discard contract provisions of TUPE'd employees.
Moreover, if you have since been offered and accepted a job that was substantially different you may no longer be covered by TUPE.
All that said, if you work for someone, you will have a contract. It may not be written down yet, but you have the right to see the terms of your employment contract.
So you definitely need to take advice from your rep or solicitor. You should gather up every bit of communication you've had about the situation, especially your contract, terms and conditions, etc. before you were TUPE'd, and anything you received that had the word 'consultation' on it.
answered Aug 2 '15 at 21:28
user52889
7,21531527
answered Aug 2 '15 at 21:28
user52889
7,21531527
answered Aug 2 '15 at 21:28
user52889
7,21531527
answered Aug 2 '15 at 21:28
user52889
7,21531527
7,21531527
suggest improvements |Â
suggest improvements |Â
up vote
1
down vote
You need to talk to a lawyer or some one who understands TUPE, this can get very technical.
If your bonus was contractual you should still have it - was this not covered during the consolation process.
answered Aug 2 '15 at 19:08
Pepone
1,508815
suggest improvements |Â
up vote
1
down vote
You need to talk to a lawyer or some one who understands TUPE, this can get very technical.
If your bonus was contractual you should still have it - was this not covered during the consolation process.
answered Aug 2 '15 at 19:08
Pepone
1,508815
suggest improvements |Â
up vote
1
down vote
up vote
1
down vote
You need to talk to a lawyer or some one who understands TUPE, this can get very technical.
If your bonus was contractual you should still have it - was this not covered during the consolation process.
answered Aug 2 '15 at 19:08
Pepone
1,508815
You need to talk to a lawyer or some one who understands TUPE, this can get very technical.
If your bonus was contractual you should still have it - was this not covered during the consolation process.
answered Aug 2 '15 at 19:08
Pepone
1,508815
answered Aug 2 '15 at 19:08
Pepone
1,508815
answered Aug 2 '15 at 19:08
Pepone
1,508815
answered Aug 2 '15 at 19:08
Pepone
1,508815
1,508815
suggest improvements |Â
suggest improvements |Â
I am on the same money, nothing changed but also dont earn bonus which is less than what I was getting
– linda kerr
Aug 2 '15 at 13:41
1
For those (like me) who had no idea what "tuped" means: acas.org.uk/tupe
– Hilmar
Aug 2 '15 at 13:59
What do you have in writing about the offer of a new contract?
– Philip Kendall
Aug 2 '15 at 15:07
3
it's hard for us to say where you stand legally; it would probably be wisest to speak to a lawyer or union rep if you have one.
– yochannah
Aug 2 '15 at 19:56
1
@yochannah absolutely TUPE is immensely complex and has a lot of strange edge cases
– Pepone
Aug 2 '15 at 21:16