Click to edit Master subtitle style TUPE Transfers and More Judy Wilson UNISON Regional Organiser

 Why do people work?

 What is special about your organisation?

 What do you think people’s fears and concerns are?

TUPE  Applies when a business or undertaking is transferred to a new employer  Protects employees’ contractual terms and conditions  Protects employees from dismissal before, during or after transfer  Expects transferring employer to provide information to transferee employer and consult with staff and trade unions  Applies to all sizes of transferred businesses TUPE Applies when a business or undertaking is transferred to a new employer Protects employees’ contractual terms and conditions Protects employees from dismissal before, during or after transfer Expects transferring employer to provide information to transferee employer and consult with staff and trade unions Applies to all sizes of transferred businesses

 New employer takes over contracts of employment  Cannot pick and choose which employees to take on  Takes over all rights and obligations from contracts including terms and conditions  Takes over collective agreements made by original employer  Has to abide by the Statutory Trade Union recognition agreement  Continuous employment is not broken  New employer takes over contracts of employment Cannot pick and choose which employees to take on Takes over all rights and obligations from contracts including terms and conditions Takes over collective agreements made by original employer Has to abide by the Statutory Trade Union recognition agreement Continuous employment is not broken

 Staff transfer to the new employer on their existing terms and conditions of employment – so pay, right to sick leave, annual leave, maternity leave, carer leave transfers with them.  How can they make sure that happens?  Staff transfer to the new employer on their existing terms and conditions of employment – so pay, right to sick leave, annual leave, maternity leave, carer leave transfers with them. How can they make sure that happens?

 Elect a steward and seek advice and support from the branch  The steward will receive training and can be released to undertake TUPE meetings  Elect a steward and seek advice and support from the branch The steward will receive training and can be released to undertake TUPE meetings

 Cannot agree variation to terms and conditions at a later stage because of the transfer  Unless for an economic, technical or organisational reason entailing changes in the workforce. (ETO)  Cannot impose new terms and conditions without the agreement of the employee  Cannot agree variation to terms and conditions at a later stage because of the transfer Unless for an economic, technical or organisational reason entailing changes in the workforce. (ETO) Cannot impose new terms and conditions without the agreement of the employee

 Rules around unfair dismissals are stringent  Cannot be fairly dismissed because of the transfer  Unless for an ETO  The dismissing employer must show that ETO applies and that it relates to the numbers of people employed or a change in the employees function.  Redundancy payments would apply  Rules around unfair dismissals are stringent Cannot be fairly dismissed because of the transfer Unless for an ETO The dismissing employer must show that ETO applies and that it relates to the numbers of people employed or a change in the employees function. Redundancy payments would apply

 Duty to inform and consult representatives of affected employees ◦ Staff who are to transfer ◦ Their colleagues who might be affected by them transferring ◦ Their colleagues in the new employer who might be affected by them transferring  What? transfer, when and why Legal economic and social implications for the workforce Any reorganisation prior to transfer? Whether the new employer is planning any reorganisation or anything else that might affect employees immediately after transfer  Duty to inform and consult representatives of affected employees Staff who are to transfer Their colleagues who might be affected by them transferring Their colleagues in the new employer who might be affected by them transferring What? transfer, when and why Legal economic and social implications for the workforce Any reorganisation prior to transfer? Whether the new employer is planning any reorganisation or anything else that might affect employees immediately after transfer

 Any action envisaged must be consulted on with a view to seeking agreement of the employee representatives  Employer must consider and respond to any representation made by the employee representatives  Consultation must be with an authorised official of the trade union  Any action envisaged must be consulted on with a view to seeking agreement of the employee representatives Employer must consider and respond to any representation made by the employee representatives Consultation must be with an authorised official of the trade union

 Access to the workforce  Accommodation and facilities  Protection against dismissal due to status or activities as a representative  Paid time off to undertake training and duties  Access to the workforce Accommodation and facilities Protection against dismissal due to status or activities as a representative Paid time off to undertake training and duties

 Negotiate additional protections to terms and conditions and pensions  Ensure compliance with government codes, national and sector specific agreements  Agree how consultation will take place post transfer  Clarify procedures for collection of union subs  Support and reassure members  Recruit new members  Negotiate additional protections to terms and conditions and pensions Ensure compliance with government codes, national and sector specific agreements Agree how consultation will take place post transfer Clarify procedures for collection of union subs Support and reassure members Recruit new members

 The right to consultation and information transfers to the new employer  Workplace representatives ◦ Recruit new members ◦ ensure members have information and a voice ◦ Monitor TUPE compliance in the new employer ◦ Negotiate recognition agreement for whole workforce ◦ Continue to represent all members interests in the future  The right to consultation and information transfers to the new employer Workplace representatives Recruit new members ensure members have information and a voice Monitor TUPE compliance in the new employer Negotiate recognition agreement for whole workforce Continue to represent all members interests in the future

 Provides reassurance and sense of security for staff  Provides mechanism for consulting on change and resolving disputes  Provides joint mechanism for pay negotiation and policy development  Supports safe working practices and workplaces  Provides support for staff in grievance and disciplinary processes  Reduces likelihood of expensive personal injury and tribunal claims  Provides reassurance and sense of security for staff Provides mechanism for consulting on change and resolving disputes Provides joint mechanism for pay negotiation and policy development Supports safe working practices and workplaces Provides support for staff in grievance and disciplinary processes Reduces likelihood of expensive personal injury and tribunal claims

 Under TUPE Local Government or NHS Pension up to the time of transfer is protected.  For staff transferring before April 2014 (LGPS) and April 2015 (NHS Scheme) Fair Deal for Pensions ensures continuation under ‘admitted body’ (LGPS) or ‘direction order’ (NHS) or provides for ‘broadly equivalent scheme.’  For staff transferring after these dates the rights to remain in the NHS scheme or LGPS are extended under the new Pensions Agreements.  Under TUPE Local Government or NHS Pension up to the time of transfer is protected. For staff transferring before April 2014 (LGPS) and April 2015 (NHS Scheme) Fair Deal for Pensions ensures continuation under ‘admitted body’ (LGPS) or ‘direction order’ (NHS) or provides for ‘broadly equivalent scheme.’ For staff transferring after these dates the rights to remain in the NHS scheme or LGPS are extended under the new Pensions Agreements.