[Gilbert Sprous]

I have won a contract that includes a TUPE transfer from the county coucil and although I knew it would be a headache the part that I am having the hardest problem with is the pension scheme.  TUPE states broadly comparable, I have a finacial advisor and an employment law advisor working on this but I was wondering if any one has had this and if they think admitted body staus is the better way to go or better yet a private pension scheme that has met the requirements. 

Here is another one 4 of the 7 current cleaners work 11 1/2 hours but are contracted for 15, a lot of differing stories from travel time to when they were hired it was hard to get employees so they were told it would be alright.  Nothing in the contracts, union reps are crying that it is implied terms and conditions and has to transfer also.  I dont see it, no one can pin the rose on who is responsible to include the area managers from the council.  I will get it sorted but any experience in this type of situation would be helpful. 

I have included TUPE in my bid and have some lee way but I have also vowed to get it fixed, any ideas

[Pristine Clean]

Hi Gilbert,

I cant inform you on pensions but I can say we had a similar issue with staff transfer working less hours than what was stated in the contract.

You need to try and get some clarity - from the decision maker who gave them permission to do less hours then what is actually stated. If you cant then you might have to let them work the less hours and pay them the extra. We had too once as it was part of an agreement already in existence.

However we later found out that you can alter there times they work their are things like ETO REASONS.

Also in the contract the original does it state anywhere that the role or contract can be changed.

You can change contracts after 6 months or so. We did but we did it via outsourced HR so we had no combacks.

Best advice is seek legal one, TUPE is still a grey area.

And very well done on winning the contract.

Dave 

[Gilbert Sprous]

I recently picked up an outsoursed HR firm called MHL.  They are trying to help with the situation but as you stated finding out who allowed it has been a headache.  Everyone I talk to states that they challenged it or was not happy with it when they found out, but no one will own up to saying that they allowed it.  I may have to go the ETO route, even if it takes a while the school will be happy if I have a plan and execute it well. 

When you changed the hours did it go smoothly?  What was the resistance like?  And also do they have union representation that tried to get involved?  Any help is much appreciated.

Cheers

[kleanitall ltd]

Hi
lots of our contracts come with tupe
absolute nightmare, However you do have to honour what is already in place
if you ring us on 01274-580202
i think icould give you advice that you may find very helpful.

Dave

[Pristine Clean]

Hi Gilbert,

No we were lucky, No Union. Did it run smoothly? Well there were a few upsets but with the ETO Reason providing its genuine they cant do much neither will a court of appeal. Providing you can prove it.

If you have an outsourced hr then that will be fine. MHL are very well equiped! Let them guide you all the way as they will put all the proceedings into place and make it work. I would listern to them and not any one on this forum - No offence intended to anyone!

They will work it as they will not want to end up in court. Each TUPE situation has to be handled with care, and attention and absolute accuracy especially if you have a union.

I wish the best of luck

Dave