So, I started asking questions in the Safety and Law forum, but there doesn’t seem to be any experts about at the moment, I was asking about contracts, then terms and conditions, but.
I would like to have a rough idea of how long before or after the company you work for is taken over, would you expect to have a meeting with your new employers? as far as I know non have taken place, if there has, us night drivers weren’t invited.
Being a night trunk driver we don’t get to see anyone from the management due to starting after they have gone home, which to be honest I didn’t have a problem with till I arrived for work last night and found that they have decided to give my regular vehicle to a new tramper without any warning, yes I know its their truck, but that truck has my personal belongings in it, and would have been nice to have been given the opportunity to remove it first, its nothing special, its a 6 month old DAF 85 auto, its just the principle.
Only 3 things I am interested in when working for a company, the vehicle I am driving, what I am being paid, and the boss is ok, those were ok, until this new outfit took over.
We was told by the old employer that nothing is going to change in relation to the work we are doing, but some changes have already taken place.
And to make things worse, the rumour mill has started coming from the day staff.
far from being an expert.
I think talks should have held eother 30 or 90 days before takeover, depending on the number of employees affected.
If you are in an organised workplace, i.e. union or works committee then they should ahve attended on your behalf.
del949:
far from being an expert.
I think talks should have held eother 30 or 90 days before takeover, depending on the number of employees affected.
If you are in an organised workplace, i.e. union or works committee then they should ahve attended on your behalf.
Organised isn’t a word I would use, was a decent place to work for though, not a big firm but one that ran well, and the staff were happy, not so much now.
Some companies have no idea, then wonder why they cant keep staff.
Thanks for the input, I thought there was a few experts on here, but have my doubts now 
Think ours was about 30 days before our transport department got transferred to norbys deffo not 90
weeto:
del949:
far from being an expert.
I think talks should have held eother 30 or 90 days before takeover, depending on the number of employees affected.
If you are in an organised workplace, i.e. union or works committee then they should ahve attended on your behalf.Organised isn’t a word I would use, was a decent place to work for though, not a big firm but one that ran well, and the staff were happy, not so much now.
Some companies have no idea, then wonder why they cant keep staff.
Thanks for the input, I thought there was a few experts on here, but have my doubts now
If I wanted an experts opinion on this subject I’d pick up the phone and do get one! Not moan on here that one of the resident internet experts aren’t here to answer your question as quick as you’d like 
OllieNotts:
weeto:
del949:
far from being an expert.
I think talks should have held eother 30 or 90 days before takeover, depending on the number of employees affected.
If you are in an organised workplace, i.e. union or works committee then they should ahve attended on your behalf.Organised isn’t a word I would use, was a decent place to work for though, not a big firm but one that ran well, and the staff were happy, not so much now.
Some companies have no idea, then wonder why they cant keep staff.
Thanks for the input, I thought there was a few experts on here, but have my doubts nowIf I wanted an experts opinion on this subject I’d pick up the phone and do get one! Not moan on here that one of the resident internet experts aren’t here to answer your question as quick as you’d like
And what has that got to do with you exactly? are you in charge round here, are you their keeper now? gob!
And when a forum has a Safety, “Law” and WTD section, you would expect to get some response from an “expert”!
Just had a quick Google at the 2014 amendments to the TUPE act and all I could find is that it now says “a reasonable amount of time to allow for consultations” before the change. After the change it merely states the need for start of employment clarification (the old employer not the new) for length of service considerations in the future.
the 30/90 days seems to apply to redundancy within the TUPE proceedure.
have a look via Googling tupe 2014 amendments
del949:
Just had a quick Google at the 2014 amendments to the TUPE act and all I could find is that it now says “a reasonable amount of time to allow for consultations” before the change. After the change it merely states the need for start of employment clarification (the old employer not the new) for length of service considerations in the future.
the 30/90 days seems to apply to redundancy within the TUPE proceedure.have a look via Googling tupe 2014 amendments
I have looked at them, I just thought it would be a reasonable thing for the company to have a meeting with the staff to out line there plans for the future of the company, but obviously not. thanks.
First time ive been TUPE’d, and it doesn’t look good.
As I understand it, the requirement for “consultation” etc applies to workers who might be facing redundancy. This might be because their job might disappear under the new regime, or because significant changes (e.g. workplace relocation to a site 50 miles away, major changes to shifts etc) means they are effectively redundant because the changes are unacceptable. If your workplace is the same and the Ts & Cs are effectively unchanged (there are exceptions - I think they can change your payday), there’s no requirement for consultation etc. Any employer worth working for would of course offer some input/discussion, but that’s another question entirely.
NB - the above advice is worth exactly what you paid for it. I speak not as an “expert” but as someone who has twice been through the TUPE process and is currently looking at doing it all again this year…
there’s no requirement for consultation
thats not what I understood from reading the leaflet on the rules.
del949:
there’s no requirement for consultation
thats not what I understood from reading the leaflet on the rules.
As I understand it, there has to be notification (which can be simply a letter/written briefing), and it doesn’t have to be about their intentions for the future of the business etc. The requirement for consultation only arises when redundancy or significant changes to Ts & Cs are on the agenda.
But as I said, I am no expert in these matters.
There is no need for meetings because nothing is going to change in you T/C and that has nothing to do with what truck or whatever other little things you get or do, if it’s not in T/C they can change it, if your starting time is not in writing they can change it, just go to work and Don’t pay heed to the morons spreading the muck, your on nights you meet very few and you will do the same job, same route, same money. As long as you got a letter giving you notice of the change that’s all they have to do, even if you had a union they would meet them but would get no more information than you already have. That’s what TUPE is suppose to mean, nothing changes no meeting, if there are changes then a lot of meetings. Try and get everyone to stick together. There are no different versions of it, its the same for anyone going through it.
cut and paste from the relevant document
(b) Consultations with the affected workforce
The Regulations place a duty on both the transferor employer and new employer to inform and consult representatives of their employees who may
be affected by the transfer or measures taken in connection with the transfer. Those affected employees might include:
(a) those individuals who are to be transferred;
(b) their colleagues in the transferor employer who will not transfer but whose jobs might be affected by the transfer; or
(c) their new colleagues in employment with the new employer whose jobs might be affected by the transfer.
Long enough before a relevant transfer to enable the employer to consult with the employees’ representatives, the employer must inform the representatives:
that the transfer is going to take place, approximately when, and why;
the legal, economic and social implications of the transfer for the affected employees;
whether the employer envisages taking any action (reorganisation for example) in connection with the transfer which will affect the employees, and if so, what action is envisaged;
where the previous employer is required to give the information, he or she must disclose whether the prospective new employer envisages carrying out any action which will affect the employees, and if so, what. The new employer must give the previous employer the necessary information so that the previous employer is able to meet this requirement;
If the employer uses any agency workers, it must give information as to the number of agency workers working temporarily for and under its supervision and direction, the parts of the undertaking in which those agency workers are the working and the type of work they are carrying out.
If action is envisaged which will affect the employees, the employer must consult the representatives of the employees affected about that action. The consultation must be undertaken with a view to seeking agreement of the employee representatives to the intended measures.
During these consultations the employer must consider and respond to any representations made by the representatives. If the employer rejects these representations he must state the reasons.
If there are special circumstances which make it not reasonably practicable for an employer to fulfil any of the information or consultation requirements, he must take such steps to meet the requirements as are reasonably practicable.
35
No need for all that cut’n’paste - the relevant bits say “consult with the employees’ representatives” - no mention of consulting with the employees themselves.
To the guy saying that they can change your hours if it doesn’t state it in your contract that’s not true. If you have done the same shifts for a long time (can’t remember exactly how much) the company will have to have consultations with you and depending how long you have been in service will dictate how long any changes will take place. They also have to have a good reason.
No need for all that cut’n’paste - the relevant bits say “consult with the employees’ representatives” - no mention of consulting with the employees themselves
which is exactly what I said earlier, rather than what you said i.e. no consultation only notification
Thanks for the input guys, we don’t have an employee rep as such, but we have nominated one, not that he had any choice, but upshot is, because most of these rumours have come about because the new company want us to use there time sheets ect.
We as a whole have requested a meeting with the new management just so they can clarify what exactly is going to happen or not as the case may be, and they have agreed.
So with consultation they can change our Ts & Cs, so what about our wage structure and hourly rate, can they alter that?
Thanks.
I’ve previously been an employee rep (twice for the same company), so here’s a few things to consider.
They (the company) can change what they need to.
Essentially, if you don’t like it, guess what.
Your employee rep will be having a hard time soon, as the company can choose when to give the info you require, and he (or she) will be the one giving the bad news to the other staff.
There’s normally a set amount of meetings (for the reps) plus you’ll get one to ones (well, for large scale redundancies you do anyway).
Wage structure, yeah, they can change that. We went from basic salary + OT to basic salary, no increase either. Management were repeatedly told no one would stand for it, but went ahead. Virtually every driver handed their notice in (me included). 2 days before the end of the final working month, drivers started getting phonecalls offering more money.
It was so last minute, all the wageslips and letters with week in hand and redundancy payments had been sent out.
If you agreed to the pay rise and staying on, you paid most of that back.
Hourly rate, as above, whatever they need (we were salaried).
Hours of work, depends what your contract says. Mine says 50 hours per week. It doesn’t say start times, so expect them to vary in the future if the business requires it. Used to be on earlies, which became shift work with late afternoons, which was looking to become shift work including nights. (I’d had enough by now!)
Days of operation. Up to a point, we only worked M-F. During one rep meeting, the company let on, it would be Tues to Sat, which caused uproar. Sat was a full day, not mopping up stuff missed during the week either.
As it’s a new company coming in, expect a whole new way of working to be rolled out, slowly.
One final thing, if the company later realises that things aren’t working out the way they hoped for, you’ll probably be doing it all again very soon, hence why I was a rep twice for the same company, around 18 months apart !
Hope that lot helps.
Ps, we were Tupe’d several years prior, but no meetings for that that I know of. They did give us a £500 pay rise though to sweeten that deal.
If it’s not working for you, change it and move on driver!
This seems to disagree Dav1d
Terms and conditions under TUPE
When TUPE applies, the employees of the outgoing employer automatically become employees of the incoming employer at the point of transfer. They carry with them their continuous service from the outgoing employer, and should continue to enjoy the same terms and conditions of employment with the incoming employer.
Following a transfer, employers often find they have employees with different terms and conditions working alongside each other and wish to change/harmonise terms and conditions. However, TUPE protects against change/harmonisation for an indefinite period if the sole or principal reason for the change is the transfer. Any such changes will be void.
Employers seeking to change terms which are unrelated to the transfer should seek legal advice to ensure this is the case and read the Acas leaflet Advice leaflet - Varying a contract of employment [165kb
].