TUPE FREQUENTLY ASKED QUESTIONS26/11/2013
TUPE TRANSFER TO COSOCIUS LIMITED
FREQUENTLY ASKED QUESTIONS
Q1.What is TUPE?
TUPE is the Transfer of Undertakings (Protection of Employment) Regulations. The Regulations preserve employee’s terms and conditions of employment when a business or undertaking transfers, or part of one, is transferred to a new employer
The regulations have the effect that:
Employees employed by the previous employer when the undertaking changes hands automatically become employees of the new employer on the same terms and conditions. It is as if their contract of employment had originally been made with the new employer. Thus, employee’s continuity of employment is preserved, as are their terms and conditions of employment.
Representatives of employees affected have a right to be informed about the transfer. They must also be consulted about any measures which the old or new employer envisages taking concerning affected employees.
Q2. Who will be my new employer?
CoSocius Limited, a new SLE, will be your new employer.
Q3. What is an SLE?
An SLE is an organisation which has been created by the Council, in response to changes that a required in a challenging public sector environment. Councils are finding a range of ways to cope with tough financial pressures and CWAC and CEC have chosen to set up a range of companies including limited companies and trusts. These organisations are able to benefit from more freedom to trade and to use innovation and technological advances to deliver high quality services to both current and new customers
The SLE in this case will be a limited company called CoSocius. The Company will be wholly owned by both Cheshire West and Chester and Cheshire East Councils. CoSocius will be managed through a Board of Directors who will be the Executive body responsible for all the key strategic decisions affecting the business.
Q4. Which areas are proposed to transfer to CoSocius?
The services that will transfer to the SLE are
Programme and Project Services
Business Information Development
Payments and Income
Sourcing Contracts and Pay
Q5. When will CoSocius be in operation?
Since 1st October we have been operating in shadow mode and developing the Company so that it looks and feels like a new organisation but will remain part of the Council until it is formally recognised as a limited company on 1st April 2014.
Q6. What if I don’t want to transfer to CoSocius? Are there any other options?
If you object to your transfer your employment would automatically terminate with effect from the date of the transfer. In this situation there would be no entitlement to either redundancy or any other compensation. The newSLEtters and floor walks that have already taken place should have addressed any concerns you may have about the transfer and there will be further opportunities for you to discuss this with your manager to clarify any remaining concerns.
Q7. Can I stay working for the Council?
The area in which you work has been identified to transfer to CoSocius. Should you wish to remain with the Council, you would need to look at Staff Vacancies and apply in the normal manner. No preferential treatment will be given to employees in this group as their role is not considered to be “at-risk”.
Q8. Are all of my terms and conditions protected?
All of your current terms and conditions of employment at the point of transfer will be protected by law (TUPE). These terms and conditions include:
- Rate of pay and annual pay rises.
- Continuous employment service
- Annual leave entitlement
- Notice periods
- Sickness pay
- Minimum number of contracted working hours
- Access to a comparable pension scheme (if you contribute to the Local Government Pension Scheme)
- Agreed grievance, disciplinary and equal opportunity procedures
- Access to training and personal development.
- Freedom to join the Trade Union of your choice
- All other nationally and locally agreed conditions of local Government service relating to your post.
Q9. Can the new company change any of my working arrangements once the transfer has taken place?
Whilst TUPE regulations guarantee that all your existing terms and conditions of employment will continue indefinitely with the new employer, it does not prevent them consulting with staff to implement future changes. However, in order to do this they would have to follow the same consultation processes that the Local Authority would. This would include consultation with the recognised trade unions.
Q10. I have continuous service with the Council. Will my continuous service transfer to CoSocius or will my service start again?
Your continuous service date will transfer over to CoSocius.
Q11. I am currently a member of the Local Government Pension Scheme. What will happen with my pension?
If you are currently in the Local Government Pension Scheme your membership will continue.
Q12. I have a Disciplinary warning on my record. What will happen to it?
Your personal file will transfer with you to CoSocius and any live Disciplinary warnings will therefore transfer and remain live until the date advised when you were issued with the warning.
Q14. I am currently on pay protection. What will happen with this?
Your pay protection will continue until the date agreed at the time your protection commenced.
Q15. Will I still receive annual increments?
If you are not currently at the top of your grade you will continue to receive annual increments until you reach the top of your grade.
Q16. I am currently on a temporary contract, what will happen to me?
If your temporary contract is due to expire before CoSocius comes into being then this will end in the normal way. If your end date is scheduled to take place after the proposed transfer date you will have the right to transfer along with the permanent members of staff and your contract will come to an end on the agreed date unless CoSocius is able to offer you further employment.
Q17. Will I still be classed as an internal applicant if I want to apply for a vacancy advertised in either Cheshire West and Chester Council or Cheshire East Council?
Up to 31st March 2014 you will remain an employee of Cheshire West and Chester Council or Cheshire East Council and can access vacancies in the normal way. From 1st April 2014, which is the proposed date CoSocius Limited will legally begin you would be treated as an external applicant.
Q18 I am currently a member of a Trade Union will CoSocius continue to recognise the Trade Unions.
It is the intention that CoSocius Limited will sign a recognition agreement with the Trade Unions to continue the relationship.
Q19 What happens next?
You should have received a letter confirming that you will transfer to CoSocius and you have been offered a meeting with your manager to discuss any concerns or questions you may have about this. Discussions are ongoing with the trade union to consult over any changes the company may wish to make post transfer these are called measures. A second letter will be sent to you in January detailing these measures, when you shall be offered a further meeting to discuss how this affects you.