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Just wondering if anyone here has had to deal with this situation , my work has just handed over the whole food and beverage section of the business to a outside company and basicilly all staff are getting transfered through the TUPE process, Pretty pissed off as you can imagine as i have final end salary pension and quite a few benefit with the company I work with and we have been told that the new company can not replicate these
TUPE - Transfer of Undertakings and Protection of Employment. I went through this around 2 years ago and while it could never be described as a pleasant experience, it didn't turn out too badly.
Lessons learnt? If you are not happy about some aspect, challenge it. There will be focus on the people part of Due Diligence, but a lot of DD is focus on ensuring the financial element works, ie. when the transfer is complete that the suggested profit in the proposal will resemble life after transition.
So challenge if you're not happy, you'll need to keep it a positive challenge because you may well be working with the people you challenge on the other side.
Keep in mind that yes, the new operating company have made this bid to make profit, however they can't do it without engaging the transitioned workforce... you can help in this by having thoughts on potential efficiencies mapped in your head already. Efficiencies don't necessarily mean cuts, they could be different ways of working that you've been thinking about for a while already.
TUPE is disconcerting and is uncomfortable. We were kept on the hook for three years before transition so were glad to get it over and done with.
Try to keep it positive, absorb the bumps and challenge the bits you are not happy about. There will be a dip in morale, but you will come through it and wonder what the fuss was all about.
There will be HR folks on here that can give a more professional outlook on TUPE, but that's my recent experience Steve.
Pretty pissed off as you can imagine as i have final end salary pension and quite a few benefit with the company I work with and we have been told that the new company can not replicate these
That's the whole idea of TUPE!
They have to honour your existing contracts for x amount of time (cant remember how long?), after that period what happens is up to you and them.
We have a handful of people at work that have extra holiday to everyone else, simply because they have been there long enough to be part of the old rules, and they happened 4 company buy-outs ago!
As mentioned, in theroy in shouldnt change anything, other than the fact that the owners have changed. If they want to change anything in your existing contact its needs to be agreed and signed off by you.
I'm sure our employer pension contributions got reduce compared to company we transferred from.
As unsettling as the prospect of being TUPED is when you stand back and look at it objectively it's the lesser of two evils. The alternative method of cost saving by the out sourcing company would more than likely go down the path of "stream lining" , granted redundancy might appeal to some however in this climate employment is the favourable option for the majority.
I must admit my experience of TUPE wasn't as negative as expected, but then my compnay had been trying to off load the work force in one way or another for several years. How far into the process is the company, have you already been supplied with a transfer date? Do you have union representation within your work environment or an employee engagement forum, by no means a bullet proof shield however they can have an input and to some extent lessen the blow in some area's dependant on how far into the process you are.
On some of the notes given:
We were told on Wednesday and given 2 days to elect a body or person to reprensent us, I argued this and it has been extended to Tuesday next week
We have been told the transfer dat eis the 1st of June
I understand the comment about stream lining but we are still making a profit in the current trading climate , there reason they say it is preventative measure to reduce the risk to the business for the forthcoming year ,which they will put the ownas onto the incoming company to produce the desired figures with the current team, seems crazy as the management fee and profit share my company will have to give out will have a negative affect on the bottom line I see.
We have no Union so still need to sort what way we deal with this
The company I work for was taken over last year, and we had no union either.
Basically, the respresentative they are asking for is literally a go between/messenger, nothing more.
If its done in a similar way to how ours was, then there will be meetings between both companies which the rep also goes to.
It is up to that person to to literally represent you lot, ie. put forward any questions you have to them, and relay back with the answers and any other info given.
It was a girl in the office of my department that was ours (we had 3 in total, one for each department), and all she had to do was ask us for any queries or questions we had, and then put them forward. Nothing more that that really, so dont worry too much about who you choose!
It basically needs to be someone who isnt afraid to make themselves be heard and can relay the info back to you all accurately.
You are right, they did, our contributions did increase for the same benefit IIRC.
Welcome KennyF btw... Just need to get you an S2 (Avant) and you'll be sorted
It wasn't till I posted I realised it was my 1st and that I've been lurking for nearly 4 years!
Originally posted by Knight Rider S4
Cheers for the feedback guys
I understand the comment about stream lining but we are still making a profit in the current trading climate , there reason they say it is preventative measure to reduce the risk to the business for the forthcoming year ,which they will put the own as onto the incoming company to produce the desired figures with the current team, seems crazy as the management fee and profit share my company will have to give out will have a negative affect on the bottom line I see.
We have no Union so still need to sort what way we deal with this
I think it’s indicative of business that even trading to a profit isn’t enough especially if more profit can be made, they’ll look at the saving resultant from off loading x number of bodies on final salary pensions plus associated benefits, i.e health care etc.
Out sourcing in itself is a way to generate income for a company by setting penalties if the outsource company fails to deliver on agreed targets.
If you wish forward on your email address and I can request that a chap I know who is extremely fluent ( Trade union executive , this is his bread and butter ) in this process could drop you a mail or give you a call give you some key pointers . I obviously can’t guarantee his assistance however I can but ask.
My email is kennyf@live.com.
Cheers
Kenny
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