[chloejayne]

hI

Got a case of 'tube' the thing is the company im taking over from has refused giving me any info on staff, just after advise before i take it further.

[Robert Parry]

Tube??

I assume that you mean TUPE!

If so, how have you requested the information?

If not by letter, then I suggest that you do so, record it, and request the required information, by law they have to supply the information providing of course, that they are going to transfer over their staff to you.

Regards,

Rob

[chloejayne]

Hi

Yes sorry TUPE  : Only asked for details over the phone. What should the letter say?

[Timmy Boy]

Dear

I wish to advise you that (insert Company name) have been awarded the contract at (name of site) which is currently run by your company.

I should inform you that we accept the Transfer of Undertakings (Protection of Employment) Regulations 2006, clearly apply to the transfer of the above contract and therefore, the employees who are currently working on the contract, a total of (insert number) people, will transfer their employment to (insert company name) with effect from the transfer date with full continuity of service.

In order that I might correctly observe their contractual positions with regard to pay, holidays, etc will you please provide me with copies of the contract statements for each of the affected employees, showing their start date, hours of work, notice and conditions etc, together with a copy of your Employee handbook if one exists.

Will you please forward to me, at the end of your term at the site, taxation details and any other relevant information in order that I may ensure that we can pay the employees correctly from the commencement of our responsibility for the contract/site.

I look forward to your prompt response in view the tight time scales associated with the contract.


Yours sincerely
 

[chloejayne]

Thats T

Next pint on me 

[Collybolly]

We took over a contract and the previous contractor was not too happy with us to say the least.

Before we took over under TUPE, they tried to put the cleaners hourly rate up by quite a few quid, thus obliging us to pay them at the vastly inflated rate!

As the cleaners didn't like the previous contractor anyway nor their underhand tactics, they told them to shove their pay rise where the sun dont shine.

We took over and we were always going to pay the cleaners a bit more anyway.

make friends with the cleaners up before taking over!

[Gilbert Sprous]

The losing company is not allowed to up the pay on transfer and by law they have to provide all TUPE information but it is up to the employees if they stay or leave.  You have to take them on under all of their current contract rights and pay unless you offer better.  Always seek legal advice on TUPE as it is such a touchy subject and has a lot of ins and outs.

[Joe H]

If you are a member of the Federation of Small Businesses, they can help with any legal advice free within your membership.