TUPE (transfer of undertaking protection of employees) - what rights do we have?

[kilbird]

I have a few queries

Our company is in the middle of an acquisition - the potential buyer has been in a couple of our facilities and rumour has it that it is very close to doing a deal. Now none of the staff have been given this information directly from their managers but it has come from outside sources.

Anyway my queries are:
(1) If the company is in the middle of an acquisition must they notify the employees of this? At what stage do they have to inform the employees? I read on some legislation that it must happen 30 days before a transfer ? Is a transfer defined as the companys' signing along the dotted line or when?

(2) If the new company does take over do they have to keep the staff for a 6 motnh period before any redundancies take place or can they make the staff redundant from the day they take over the company?

In no mans land really at the moment?

 

[Mpsox]

Re: tupe - what rights do we ahve?

Your employer and the new buyer have obligations to consult with you. Often that may not happen until the deal is more or less done and dusted for commercial reasons but they have to give you 30 days notice of the transfer

Your service will transfer accros to your new employer.

Pensions are outside the scope of TUPE.

In regards to redundancy, I have heard of the 6 month rule as well but can't confirm it. My understanding is that the new employer can get around that if he has valid economic, technological or organisational reasons for doing so, providing he follows a fair redundancy process

Note if you are not given the option to stay with your existing employers and refuse to transfer to the new owners, you are deemed to have resigned, and have not been made redundant

 

[Mpsox]

Re: tupe - what rights do we ahve?

i have recently been part of a takeover in a FMCG business. as part of my terms and conditions i have unvouched expenses. The new company have told me that this is illegal and i will not be getting them any more. What rights do i have who do i go to to seek advice.

I don't believe unvouched expenses are illegal, after all, most of the politicians in the country claim them. However I presume your new employers are not saying they won't pay your expenses, all they are saying is that they want a receipt and that in itself is not an untoward request.

 

[ontour]

Re: tupe - what rights do we ahve?

The impression that you are giving is that you were getting €10k as a form of under the counter payment for work expenses that were not incurred. If this is the case, you would be participating in tax evasion which would it very difficult to pursue a legal challenge to retain that money.

If they are legitimate expenses, you have the increased hassle of receipts but you should not be at any financial loss.