TUPE - When does it kick in?

antomack

Registered User
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I am in a company that is merging with another with some employees remaining in current company and others moving over to the new company.

I am trying to determine at what date one's terms and conditions become 'set in stone' for transfer over to the new company.

As things stand there are three dates that I'm specifically interested in as below and am wondering when your TUPE rights set in?
1) date the actual company merger was signed off and occured
2) date one is told that you will be moving in to the new company
3) date one actually transfers into the company

Essentially can your employer substantively change your T&Cs between dates 1 and 2 or more specifically in my case between 2 and 3?
 
It's generally at 1 from what I know of it. The only thing that can be changed is pensions and listed defined non-transferable benefits (which should hhave been identified at due-diligence). Your t&c's should not change at any of the junctures above without agreement or unless you take on a new role.
 
So in the case of a work from home agreement that has been in place for 7 years with a contracted 2 month notice period from either party can they just exercise the two months notice such that your work from home is removed prior to actually being moved over to the new company?

I had clarified even before the merger became official that I was willing to forgo the work from home for an extended period to facilitate the integration etc., with a return to work from home once the dust had settled.

They are insisting on ending the work from home due to the business need to have all employees on-site during integration even though I am willing to facilitate this business need by temporarily suspending work from home.

Add to that that I live 100 miles away from the office and they are putting me in a position where 5 days a week in an office 100 miles from home is not sustainable for an extended period unless I know there's an option to return to work from home in the not so distant future.
 
In general, work from home is seen as a privilege, not a right. It is usually given on the basis that it can be withdrawn at any time. Ask anyone in Yahoo or HP.

I'm not sure how such things are treated in a TUPE situation.
 
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