Much depends on what the organisation really want to do but it is not , as some seem to think, the case that they can do as they please. As others have said you are protected in terms of length of service and notice period but pensions are not really covered all that well by it. Under the laws regarding TUPE you can technically only be made redundant if the company you are moving to can demonstrate valid economic, operational or technical reasons.
Tell her, and those being transferred across with her, to work together on questioning any changes. Another thing to look out for is making sure the term of service is kept continuous.
Our new employers only really wanted the contract and not those of us who came with it and were quite prepared to not take us on until a couple of days later which would have broken our continuous service. Doing so meant that my eventual redundancy pay out was much higher than it would have been under the new companies contract of employment so it is wise to get the new company to sweat a bit and demonstrate what the advantages are of making a contract change if it is offered.
I guess the main message is to be cynical about anything offered by the new employer. If Mrs K is offered any changes by her new employers make absolutely sure it will be financially worth her while to accept them.
Good luck with it all and stay alert. Some good advice above, the only thing I can add is that the TUPE terms from her old job will only be protected for 2 years although this may be extended during the contract negotiations. So for example: If the new company has different redundancy terms, e. You have just said what I said — ie they had to be broadly similar — Having just googled to check they only apply to final salary type schemes and this is all I have dealt with.
There is no time limit to TUPE. Its fair to say that over time slow harmonisation will occur but it never stops applying. No offence but you said two above and now three — I dont think you have fully grasped TUPE — to be fair no one has as it is very complicated with a lot of if and buts.
Thanks Junkyard, no offence taken. I was under the impression that TUPE has to last a minimum of 2 years. In the instance of the TUPE I was part of, our previous terms and conditions were negotiated to stay for 3 years, rather than the 2.
So I was stating that ours were 3, rather than the what I thought was the statutory minimum 2. My understanding is that it is not time limited but it is accepted that it will come to an end ie — no one really knows and a case could be brought at any time.
The longer since the transfer the less likely the claim will be upheld. I think its a messy one there as technically you may need to resign and then claim constructive dismissal if you worked for say 1 month with them then you are deemed to have accepted them. This includes the time you worked for your old employer before you transferred.
Find out more about redundancy pay. If you're an employee affected by redundancy, by law your employer must consult you. This is even if you're not at risk of redundancy yourself. Your employer must also consult with a recognised trade union or employee representatives 'collective consultation' on ways to avoid or reduce redundancies if all of the following apply:.
If both your current and new employers agree, they can start collective consultation before the transfer. It must start at least 30 days before anyone is made redundant.
If you do not want to transfer to the new employer, you can refuse, but you would usually have no rights to claim:. Find out what to do if you do not want to transfer. If you like, you can tell us more about what was useful on this page. Please do not include any personal details, for example email address or phone number. If you have a question about your individual circumstances, call our helpline on We cannot respond to questions sent through this form.
Before a TUPE transfer Before the transfer, your current employer cannot make you redundant if your new employer asks them to. Print entire guide. Related content Being taken to an employment tribunal Employment contracts Joining a trade union Redundancy: your rights Your rights if your employer is insolvent.
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