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TUPE Transfer of Info to Incoming Contractor

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7.
Phil
Member - 287 posts
13 May 2011 7:37PM

This post has been removed because it contravened our guidelines.


6.
Phil
Member - 287 posts
13 May 2011 7:36PM

Some companies steam roller TUPE through breaking laws as they do so.

I recently heard of someone that had been laid off a couple of weeks after new company had taken over, on the slip of paper they had, (which was a typed on compliment slip that didn't say Compliments of) - the ONLY contact with new company - it clearly stated that all previous contractual obligations are no longer valid.

I told him to get the 3/4 colleagues together, and sue them. I have since been told that the actions of the 'new company' could technically be a criminal act, but don't know how? any ideas?
Anyone got an idea

I wish there was a real force that policed such things ~sigh~


5.
Dawn Blackman
Member - 2 posts
13 May 2011 10:15AM

Thanks Alan and David, I am in agreement that TUPE applies along with my fellow directors. We have informed the staff of the current state of play and will continue to update them. Dealing with the client will be difficult if they are insistent TUPE does not apply and are unwilling to disclose the incoming contractors details. It is a particularly awkward situation as we hold another contract with the client so do not want to rock the boat too much in case it puts that contract in jeopardy.


4.
Ross Meadows
Member - 7 posts
13 May 2011 8:39AM

This post has been removed because it contravened our guidelines.


3.
David Ransome
Member - 250 posts
13 May 2011 8:18AM

As Alan says - specialist legal advice -. From your post, if all is as stated, it would appear that TUPE does apply.


2.
alan wilson
Member - 10 posts
13 May 2011 6:33AM

I have been dealing with and advising on TUPE for a number of years and this is a problem I have only rarely seen. Since Apr 2006 virtually all service provision changes are covered by TUPE. Firts of all you need to get specialist legal advice you also need to inform the staff representatives or the affected staff themselves that a change is occurring in thier employment. You need to protect yourself from any possible future liabilities.


1.
Dawn Blackman
Member - 2 posts
12 May 2011 2:53PM

There is a lot of good advice on the forum about TUPE. It's such a complex and misunderstood regulation and one which many are not even aware off.
I have a situation where my company have lost a service contract and wish to pass the required employee information on to the new incoming contractor. However, the client is not prepared to advise us who the incoming contractor is (there may be a personal connection between the client and the incoming contractor). The client has also advised that the incoming contractor will not be contacting us. Neither believe TUPE applies. Obviously this is a concern as I do believe TUPE applies in this instance and wish to follow the regulations to a `tee`.
Has anyone else had any experience of a similar nature or any advise on how we can protect ourselves and our current employees on the site; and in good faith the incoming contractor who doesn't seem to be aware of TUPE? Any advice is very gratefully received.


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