UNISON - TUPE FAQs

Modified on Thu, 26 Feb at 3:38 PM

FAQs

I have transferred to a new company under TUPE. Some new recruits I work with have different conditions and pay to me. What can they do?

This situation, where you have better employment conditions and pay than your more recently employed co-workers, is called a ‘two-tier workforce ’. Contact your UNISON rep or call UNISONDirect on Contact your UNISON rep or call UNISONdirect on freephone 0800 0 857 857.

I’m a caterer in a hospital employed by a contractor that has just lost their contract to another company. Should I turn up for work as normal?

Yes, unless you are told otherwise. Your employment contract should automatically transfer to the new contractor. But if there is no job for you, you could make a claim for unfair dismissal in an employment tribunal. The claim will normally be against the new company but it is safest to bring the claim against both the old and new companies initially. Your employee representatives may also be able to bring claim for failure to inform (and possibly also to consult) about the TUPE transfer.

I think I’ve been unfairly dismissed during a recent transfer of ownership. What can I do?

If you feel you have been unfairly dismissed because of a transfer, you should raise the matter using your employer’s internal procedures. If this doesn’t resolve the issue, you have the right to complain to an employment tribunal if you’ve been employed continuously for two years (or one year in Northern Ireland) or more, including time employed both by the transferor and transferee (if you transferred). You should be aware that strict time limits apply for bringing a claim (3 months less one day from the date of dismissal or 3 months exactly in Northern Ireland). Engaging in an internal procedure does not extend time for bringing a claim.

Will TUPE protect me from being made redundant?

Both TUPE and TUPE+ protect employees from dismissal if this happens becuase of the transfer, unless there is an economic, technical or organisational reason entailing changes in the workforce. Contact your UNISON rep or call UNISONdirect on freephone 0800 0 857 857.