TUPE and centralised financial function

[redordead14]

I work for a facilities management company in Manchester, and the contract I work on (I work in the billing department and interact with the client) has been awarded to a business competitor and we are lead to believe that TUPE applies to us.

 

 

My question though, as I have found some useful information, and it does look as though the rules apply to our specific circumstances, is, when the contract would have been 'mobilised' into my current employer, it will have been structured in a way that met my company's operational processes. If the company we are TUPE'ing to for example has a centralised financial function, that resides away from the delivery team, does the new company have the right to refuse TUPE on the grounds that they do not require my 'function'?

 

 

Sorry if I've gone round the houses a bit with this but there are a team of 4 of us and we are concerned that we are not going to be included for this reason?

 

 

The announcement was made yesterday, so it's very fresh and raw to be honest, we're all a bit in numb/panic mode at the moment so I thought the best place to start would be with our legal rights and to understand the process as best we can.

 

 

If you can comment or respond, I'd be very grateful.

[steampowered]

Hi and welcome to CAG. I've moved you into your own thread to avoid confusing your situation with advice given to someone else.

 

TUPE is not optional. If the business you work for is being transferred from one company to another, the employees will transfer for the business. They can't choose who gets transferred and who doesn't.

 

If TUPE applies you will be an employee of the new employer. If you are surplus to requirements they may be looking at some sort of redundancy program though ... do you have 2 years' service?

[redordead14]

Hi

 

 

Thank you for the above. I wasn't sure how to start a thread!?

 

 

I have 2.5 years service so I guess redundancy will apply. Thanks again for the advice, much appreciated.

 

 

[Emmzzi]

just here agreeing with steampowered.

[Sillywizard]

There are many people on this forum who'll be particularly well placed to advise on this but as an FM company owner with reasonable experience of TUPE transfers I can say that the 'organised grouping' to whom the protection of TUPE is offered has only ever, in my experience, been extended to those employees actively providing the service(s) contracted for.

 

Typically, an FM company has a number of clients and will have a central function which supports client site functions as a whole and my reading of your post is that your employment would likely not transfer since you appear to perform a supporting company function rather than provide any contracted service.

 

Unless the contract loss is significant to the extent that redundancy is going to be required within your current company, TUPE not being applicable shouldn't necessarily affect your current employment. If redundancy is a likely outcome within your current company as a result of the contract loss then the issue is likely to affect everyone who works in your accounts department since I can't imagine that redundancy selection could be confined solely to those who have worked on this particular contract.

 

If I can remind you, my view is from my business perspective and experience only and there are better qualified contributors on here who may be able to better advise you. Good luck, however it turns out.

Edited January 12, 2014 by Sillywizard

[Sillywizard]

I was trying to remember the name of the ET decision (these are mostly for guidelines since they don't bind other Tribunals) which outlined the nominal percentage of work being carried out by any one individual for a service provision change to be applicable for TUPE purposes but can't remember it - I did come across this decision which might be helpful to you.

http://www.harbottle.com/an-organised-grouping-of-employees-under-tupe/