TUPE isnt a bad thing....

Discussion in 'Jobs (Discussion)' started by kangaroopoint, Sep 13, 2010.

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  1. Read a few of the discussions on the TUPE and although some disagree or agree on this subject i would have to think it is there to protect a persons current job when your employers are about to lose the contract (handy if you have wife and kids to feed)
    I doesnt just benefit the hangover merchants or work to rule characters as some chaps have mentioned...lol.... but it can actually be a blessing.

    In my case a good little firm i worked for in 2003 lost the contract to a much larger and less proffesional firm who were simply cheaper to the client we were contracted to.
    My boss told me fairly and honestly he had no positions available elswhere and the best bet would be to TUPE over to the new firm.
    He wished me well and i was just glad to still have a job, and it was a smooth transition and was actually less hassle for the incoming firm to take us on than look for and train up new staff. The TUPE procedure was explained in printed guides with our employment rights and terms and conditions protected. (ie pay)
    All pretty straight forward.
    We all worked just as hard but the new firm suddenly decided to greedily and drastically reduce our pay to the point where we could not live on it.They spouted some cobblers about thier rates of pay being different..etc.even though we had not legally signed up for this.
    They then refused to talk with us when we raised our concerns and told us we had to lump it or wed be let go?
    The union was brought in and all of us had to go to an employment tribunal where the new company used the same excuse.
    The judge curtly informed them he wasnt interested in thier excuse and that they had broken employment law in the book 1982 etc. He actually waived the book at them and pointed to the page.He informed them the employees had not signed or agreed to a drop in pay and which was also protected under TUPE and demanded to know why they had refused to even have simple dialogue with us or answered our complaints in writing for several months (we had followed their official complaints procedure)

    They had no answer to this and just assumed that because they were huge and nationwide they could intimidate us.They then resorted to slandering us in court and bad mouthing us and saying our pay had changed because we were not efficient enough and had displayed misconduct at work??....
    Which made the judge furious.
    He shouted at them it was a pay tribunal and that they had now changed thier story.
    He wasnt buying it and sarcastically told them they should have appeared at a seperate misconduct tribunal with proof such as disiplinarys,or verbal or written warnings against us?....did they have any? because hed love to precide at that hearing also.
    No answer from the odious firm reps who had gone silent by now.

    At this point we were aghast at the dirty smear attempt that had come out of nowhere.
    They were then ordered to pay back all the money deducted over several months,they were fined and ordered to pay us an extra 20% for ignoring us (i never knew that little gem) and it was made crystal clear our employment rights were protected.
    Im no " human rights "crusader or trouble maker and i work hard being ex-forces but this just goes to show why it was brought in and what can happen when firms get to greedy and ruthless.It would have been simpler for them to obey the law.
    I learned a lesson with that....when you think something stinks it usually does and to stick to your guns no matter who you are up against.
  2. And all the staff I used to have were not taken over under TUPE regs and are taking legal action but this takes months lucky they got other work.