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TUPE

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  • 08-09-2023 4:12pm
    #1
    gazzaman22
    Registered Users Posts: 900 ✭✭✭


    Hi, been working 15 years(2008 to 2023), I've been TUPE'd before in 2010, it now looks like I will be TUPE'd again at the end of month. BUT I'm currently on sick leave( have had disc removed from back and currently not for work)

    How will this fair out? My employer will want to hand me over, but obviously I won't be fit for work till God knows when and the new employers need some one on site from day dot.

    Any body any ideas as to what might happen?



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    #2
    Lenar3556
    Registered Users Posts: 1,354 ✭✭✭Lenar3556


    It shouldn’t have any impact the transfer of undertakings.

    But keep in touch with them regarding when you will be fit to return to work. Also may be worth exploring possible other roles that you could fill pending your full fitness to return to your previous role etc.



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    #3
    gazzaman22
    Registered Users Posts: 900 ✭✭✭gazzaman22


    https://www.boards.ie/discussion/comment/121087745#Comment_121087745

    So if i was fit to return in the new year, it ould be with the new crowd - In the mean time from Sept - Jan who would pay my sick leave?

    If i didnt want to join the new crowd in Jan, Do i have that option?



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    #4
    Lenar3556
    Registered Users Posts: 1,354 ✭✭✭Lenar3556


    https://www.boards.ie/discussion/comment/121096161#Comment_121096161

    So if you are entitled to contractual paid sick leave with your current employer, this will transfer over to the new employer under the TUPE. So the new employer will be responsible for this cost from the date of transfer whenever that happens.

    How long does your employer pay sick pay for out of interest? Full salary?

    You cannot be compelled to transfer to the new firm, but if you decide not to, you are essentially resigning - it’s not a redundancy situation. There is some EU case law on that scenario.



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