TUPE then issued new contracts

Hi
We are being faced with a TUPE situation, and transfer over in August. However, we have also been told that we will THEN be restructured and given new Terms & Conditions (including, for me, a massive reduction in pay and new roles and responsibilities) Under my current T & Cs we have a 12 month pay protection.

My question is, once TUPE'd over do i have to sign the new T & Cs thus keeping my pay protection. Or can this be force upon me (ie sign it or you leave as your job no longer exists). If this is the case, what point is TUPE? Thats a hyperthetical question that i dont expect can be answered.

Many thanks in advance for any assistance
JoeCool

Thank goodness for that - I have little idea what use TUPE is!

So moving swiftly on - whilst TUPE can provide some limited protection of pay and conditions, as you have found out, it is not really as strong as it is thought to be. To make a change this quickly after a trnasfer the new employer would have to demonstrate that there was an ETO reason - but it can be done and it can be done quite quickly. If you refuse the change then you may be deemed to have resigned. You can make a claim for unfair dismissal, but it is risky and if the employer has stacked their case (and it sounds like they have and are confident) then you may not win. If you have no union then I would have to suggest that you consider legal advice if you have any intention of refusing the change, because you should be fully informed as to your chances of winning / loosing your job and getting nothing. Sorry, but it is that stark a choice and I wouldn't want you walk into a stupid place without warning!

It is possible that if the reduction in terms is significant, then redundancy may be an option - but you still end up jobless of course! But what happens is one of those things that may have to wait until it comes out in the wash - I am speculating on what may happen to decisions that are some months off yet!

Questions about the use of TUPE should be addressed to the European Courts....

Many thank SarEl

You've reinforced what i thought, so i think for me its a case of grin and bear it.

Grrrrrrr

JoeCool