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TUPE Outsourcing nightmares!

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I would like to hear from anyone about the following challenges faced by organisations regarding TUPE:

1. How many different sets of TUPE terms and conditions organisations have on average? We currently have about 5 different sets, but are sure there are considerably more in some organisations.

2. How do different organisation track TUPE t&c’s and how to you ensure Payroll and Managers are aware which apply? This is a continual headache especially where there is a high turnover in Management of the services.

3. Has any organisation combined terms within their contracts and developed a hybrid of terms and how is this working?

4. How are organisation harmonising terms, if at all, are they buying out?

5. Has any organisation taken a decision to refuse to recognise TUPE at any time, when it is unclear whether it may apply? What were the reasons and how did this work?

Any assistance or if you wish to discuss anything I would be only too pleased to hear from you.


Carole Godding

3 Responses

  1. TUPE Thoughts
    I have been involved in developing hybrid albeit a few years ago. It worked and in the main is still in place
    Contact me for further details
    Rob Liddle
    [email protected]

  2. TUPT Thoughts
    In the mid late 80’s I was involved with coming up with a hybrid set of terms and conditions in a v large TUPE transfer it worked then and is still in place!! Contact me for more details
    Rob Liddle

  3. TUPE
    Q1. How many different sets of TUPE terms and conditions organisations have on average? We currently have about 5 different sets, but are sure there are considerably more in some organisations.

    A1. In my last company the most we had was 9 different sets of T&C’s most of which originated from TUPE Transfer.

    Q2. How do different organisation track TUPE t&c’s and how to you ensure Payroll and Managers are aware which apply? This is a continual headache especially where there is a high turnover in Management of the services.

    A2. We just set up different pay scheme within a payroll system to ensure that they received the correct pay and sick pay.

    In the HR system we had set we additional holiday schemes for the management of holidays otherwise everything else was treated the same as any other employee.

    Q3. Has any organisation combined terms within their contracts and developed a hybrid of terms and how is this working?

    A3. With the exception of one site we made no changes to our T&C as in most points ours was better than anyone present to us under TUPE.

    Any new starters were on our T&C’s and anyone promoted it was on our T&C’s.

    Q4. How are organisation harmonising terms, if at all, are they buying out?

    A4 As above. The buying out of T&C’s is something of a waste of time as TUPE has a little known clause that allows the employee too accept the buyout then demand their old T&C’s back and they keep the right to what ever they have been given in the buy out.

    Q5. Has any organisation taken a decision to refuse to recognise TUPE at any time, when it is unclear whether it may apply? What were the reasons and how did this work?

    I have done the opposite and fought organisations who have tried to claim TUPE did not apply. I won 3 or of the 4 times.

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