TUPE transfer

[Scotty]

We have been told we can only have either a colleague or union rep with us at an individual meeting with current HR and Manager to discuss TUPE transfer.
Anyone know if this is enforceable? I would rather take my DH.

[Guest]

Absolutely enforceable yes. You cannot bring random (I know he is not random to you), but random to the organisation people along to work related meetings.

[lizzie145]

It's much better to have a union rep anyway as they are impartial and understand the process

[EssexSue]

Originally Posted by Scotty

We have been told we can only have either a colleague or union rep with us at an individual meeting with current HR and Manager to discuss TUPE transfer.
Anyone know if this is enforceable? I would rather take my DH.

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Just don't sign or be talked into anything. You have rights that cannot be removed without your agreement.

[grommitt]

It has to be someone from your worlplace or a union rep.

[Scotty]

Originally Posted by EssexSue

Just don't sign or be talked into anything. You have rights that cannot be removed without your agreement.

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Believe me I won't. However we have been told that if the board want it to happen our say doesn't come into it,
The TUPE transfer doesn't particularly worry me it's the organisational change that we have been told will happen 1 year later that does, by which time we will have new employer on a different site.
I would go from 12-15 minute drive to potentially over an hour in city rush hour traffic.

[Scotty]

Originally Posted by lizzie145

It's much better to have a union rep anyway as they are impartial and understand the process

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Unfortunately not in our departments previous experience.

[Guest]

Originally Posted by Scotty

Believe me I won't. However we have been told that if the board want it to happen our say doesn't come into it,
The TUPE transfer doesn't particularly worry me it's the organisational change that we have been told will happen 1 year later that does, by which time we will have new employer on a different site.
I would go from 12-15 minute drive to potentially over an hour in city rush hour traffic.

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No of course you don't get a say in a transfer of undertakings, why would you? That is a business owner / board decision not employees decision, they will not be there to discuss the merits of that with you. Organisational changes can happen at any time whether you have gone through a TUPE transfer or not. At least the TUPE transfer will ensure your rights are protected such as continuous employment.

Whether the change in location following the TUPE transfer would be a cause for you to claim constructive dismissal (or request redundancy) is a grey area. It would depend upon your existing contract and the distance you are being asked to move.

[MOUSEMARSH]

Under Tupe all your current agreements have to be continued, this includes pay, pension, sick pay etc

[tspill]

Originally Posted by EssexSue

Just don't sign or be talked into anything. You have rights that cannot be removed without your agreement.

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This wont matter. I business can decide to TUPE without agreement. It is a business decision.
TUPE allows protection of key rights for a few years.
TUPE is much better than the alternative.
I am assuming the meeting is simply to provide information on the impact rather than seeking input or agreement. Though sometimes people are offered the option to leave rather than TUPE. I have seen that happen.