What is TUPE?

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What is TUPE?

The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) protects the rights of employees transferring to a new employer.

TUPE Transfer Commitments

On 16 January 2012 Barnet Council agreed what became known as the TUPE transfer commitments.(http://barnet.moderngov.co.uk/Data/General%20Functions%20Committee/201201162000/Agenda/Document%205.pdf)

However the Coalition Government has made some serious changes to the TUPE legislation which took effect from 31 January 2014. The changes have seriously eroded worker rights, making outsourcing a high risk option for Council staff. The key changes are as follows:

1. New employers will be able to renegotiate collectively agreed terms one year after the transfer, as long as the overall change does not leave employees worse off.

2. The new employer will only have to adopt the terms agreed between the previous employer and employee representatives up to the date of transfer. Anything agreed after this date will not apply to transferred employees.

3. A change in location of the workforce after a transfer will be allowed as an ETO reason, meaning that this can be used by the new employer as a reason for dismissal.

4. If agreed by the two employers transferring staff, any redundancy consultation that begins before the transfer can count as part of a collective redundancy consultation process with the new employer, as long as it is a meaningful consultation.

At a meeting with the Council on Thursday 4 December 2014, UNISON raised concern that the Council could progress to procurement shortly after the committee makes a decision on 12 January 2014. It was agreed that in the meeting that sufficient time would be allowed for negotiations for an updated TUPE commitments for any staff outsourced.

Location of the services.

UNISON has been in the unfortunate position of having to support members who were made redundant as a result of jobs being moved out of the London Borough of Barnet. It will be a key issue for us on this project that jobs must remain in Barnet and something we are raising now.