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TUPE and Changing Contract at Time of Transfer

  • 16-03-2022 8:40pm
    Registered Users Posts: 2

    Currently our organisation is going through TUPE (merging two companies into a new company) and we have been handed new contracts dated the date of transfer with many change of terms and conditions (2 better) (6+ worse).

    The worse ones are;

    • relocation term in new contract ( not in old contract),
    • employer reserves the right to terminate employment ( not in old contract),
    • reference to staff hand book ( never had one before and new hand book is over 160 pages),
    • retirement age( noting in old contact)
    • extra hours may be expected and no overtime or time off (old contract no t& c)
    • Lunch break defined time
    • Employer reserves the right to decide days for annual leave ( not in old contract)

    We are been told that the reason is to align the two merging companies current contracts into a new contract. No employee representative is in place and it is all individual consultation meetings with a newly appointed HR and external HR consultant. If we do not sign the new contract we can not join the new company and will be made redundant, although our roles will still need to be filled. there would not appear to be a E.T.O. reason for the change of terms.

    Would anyone know how to deal with the following few weeks of consultation meeting. I do not want to accept the terms but I wish to remain working for the company. No one will put them selves forward to be an employee representative and very few discussing as no one wants to be seen as been responsible for causing friction.

    My question is, I do not want to accept the new t&c and if the new company will not rewrite the contract back to the old, what do I need to do to ensure an unfair dismal/constructive dismissal action is not ruled out. I have been quoted 250 and 500 plus vat for a first consultation with a legal advisor but this I can not afford.

    I was very happy working for the organisation but am very concerned about the future now.

    Any legal advice would be really welcomed.


  • Registered Users Posts: 1,341 ✭✭✭miezekatze

    I went through TUPE twice in the past and it's my understanding that the new company needs to take on the people that are transferring under the same terms and conditions of their current contract. Has this changed? You really need employee representatives for this process if you want to have some kind of bargaining power. When I went through this in the past, one person per team was nominated to do this. It's no good talking to them one by one.

  • Registered Users Posts: 2 westroller


    Thanks miezekatze, the legislation has not changed and it will be void if any terms and conditions but the new employer is still changing them. Advice is so expensive and I can not afford it. It is a small organisation with less than ten employees and management will remain the sane so no one wants to be seen to be rocking the boat.

    I can not get a response from WRC in Carlow as I was hoping they would give me some advise on what I need to do and what I should not do.

    Hoping to find legal council before my next one to one meeting so I can protect myself

    thanks for your quick response