TUPE

[audi321]

Hi all. I’m being ‘asked’ (forced) to move from a long standing company to the new startup that we have set up.

On the balance I don’t have any objections, but are there things I can ask to be put in to the TUPE arrangement to give me more protection?

Ie a return to the original company if it all goes pear shaped with the new company (which there’s a big chance in that happening).

What if the new company goes bust? I know that my rights to redundancy would be protected under the TUPE rules but I hear horror stories of the government taking months and months to pay out.

Anything else I should consider?

[Muzzer79]

audi321 said:

Hi all. I’m being ‘asked’ (forced) to move from a long standing company to the new startup that we have set up.

On the balance I don’t have any objections, but are there things I can ask to be put in to the TUPE arrangement to give me more protection?

Ie a return to the original company if it all goes pear shaped with the new company (which there’s a big chance in that happening).

It's not quite as simple as that, unfortunately.

Firstly - what is the reason you are being TUPE'd?

If your job is being transferred, it will exist in the new company and not in the old one. It's highly unusual therefore that you'll be able to obtain a 'Get out of Jail free' card to go back to the old company if it goes pear-shaped and, if you do, that's nothing to do with TUPE itself.

If you fear the new company is going to go belly-up, it rather depends what you do and at what level as to how best to mitigate this risk.

[audi321]

Well old company funds new company currently. So until it becomes self sufficient then that will remain.

I’m being TUPE’d as the new company needs me. My old job won’t exist but it’s a niche industry and I would be welcomed back due to my experience (I would hope!) hence wondering if I could get this in writing at this point.

[Muzzer79]

If you want your Get out of Jail free card and perhaps a more secure position financially if you're made redundant; your best bet is to cut a deal whereby you don't TUPE to Company B but are seconded from Company A to Company B for (x) period of time instead.

Whether they'd consider this, only you know.

[Jasandjules]

That does not sound like TUPE to me.

[audi321]

Jasandjules said:

That does not sound like TUPE to me.

Funny you say that. I said the same. But I’ve nothing to base it on other than a gut feeling. Do you have anything I could challenge it with?

TUPE to me is when a business is taken over and the staff come with it. This isn’t that.

[MustangGT]

audi321 said:

Funny you say that. I said the same. But I’ve nothing to base it on other than a gut feeling. Do you have anything I could challenge it with?

TUPE to me is when a business is taken over and the staff come with it. This isn’t that.

Agreed, does not sound like TUPE

https://www.gov.uk/transfers-takeovers

The above link may help, it is the Govt guidelines, below is the legislation:

https://www.legislation.gov.uk/uksi/2006/246/conte...

[Jasandjules]

audi321 said:

Funny you say that. I said the same. But I’ve nothing to base it on other than a gut feeling. Do you have anything I could challenge it with?

TUPE to me is when a business is taken over and the staff come with it. This isn’t that.

You are correct.

https://www.legislation.gov.uk/uksi/2006/246/regul...

ETA - you could ask your employer to explain how they contend this is a "relevant transfer"....

But the bottom line is what is your desired outcome. Is it to remain in such a company?

Edited by Jasandjules on Wednesday 12th February 16:23