How long do tupe agreements last
The employee needs to agree to this change. Employers can dismiss employees for an ETO reason involving changes in the workforce, eg redundancies. The normal rules around fair dismissals will still apply.
Check what you need to do. To help us improve GOV. It will take only 2 minutes to fill in. Cookies on GOV. Case law has established that an ETO reason must usually relate to the numbers and functions of staff members. Government guidance issued in January explains that:. In addition, following changes to the law in , it is now clear that a change of business location following a TUPE transfer will qualify as an ETO reason. A desire to simply harmonise terms and conditions of employment with existing staff is unlikely to suffice.
Company X acquires a group of 20 new staff under TUPE when it buys the part of a business in which they work. It issues them with new contracts that contain the same terms as all its existing staff. The reason for doing this is simply to harmonise terms between the two groups of employees. The terms in the new contracts are less beneficial than the terms that the 20 employees previously enjoyed.
As there is no ETO reason, the changes are void and the transferring staff retain the right to claim their previous terms of employment. Later Company X carries out a re-organisation of staff based around its business needs because it has lost one of its major customers. If the distance you have to travel is excessive and you have to resign then a tribunal would find that you had been automatically unfairly dismissed unless the organisation had, during consultation put in a range of support proposals to reduce the effects of the location change, which may include a severance package.
Pay increases. Collective Agreements of employees transferred before this date are protected. All rights reserved. Skip to main content. Call Us: Email the Branch Secretary:. Follow us. What happens to my terms and conditions? How much notice am I entitled to? Can I be dismissed because of the Transfer? See Redundancy Can I be made redundancy because of the Transfer? What happens to my pension? ETO reasons include: essential cost-saving requirements economic reasons using new processes or equipment technical reasons making changes to the structure of an organisation organisational reasons Example — a valid ETO reason for a contract change.
PrintsCo is a large printing organisation in Luton. It recently bought a smaller organisation called Medias Creative in Dunstable. All 27 employees at Medias Creative transferred to PrintsCo. Most of the technology at PrintsCo is more advanced, apart from some specialist equipment still used at Medias Creative. This means the work can now be done by fewer employees.
PrintsCo decides to restructure its organisation and makes 5 employees redundant. After consulting with all affected staff, PrintsCo agrees with affected staff to change their contracts so they can now work from either the Dunstable or Luton locations. Example — an invalid ETO reason for a contract change. A college had staff working to 6 different sets of terms and conditions resulting from TUPE transfers so it wanted to put everyone on the same terms for ease of administration and to cut costs.
They dismissed and rehired an employee with a pay cut which they refused to accept. This was found to be automatically unfair at an employment tribunal.