TUPE
Mon Mar 29, 2010 7:57 pm
TUPE stands for Transfer of Undertakings (Protection of Employment).
It is a complicated part of Employment Law but basically if the company you are working for is taken over by another company (or individual) and they buy tangible assets in the company (e.g. the stadium) as well as shares and continue to trade as the same business, then all employee have their contracts of employment protected by TUPE. This means they continue to enjoy the same hours, pay and perks they had before the takeover.
However, like all Laws there are exceptions the most important being an economic, technical or organisational reason (ETO).
This means if a new owner can show that an employee’s job is redundant for an ETO reason then they would have protection from a legal challenge by the employee who would only receive statuary redundancy pay for losing his/hers job.
I am speculating whether this is the reason why Ridsdale hasn't been dismissed yet. Under the present regime Ridsdale has a contract of employment for CEO and a job as Chairman. Therefore if he was sacked now he would have a very good case for unfair dismissal or breach of contract.
However, once TG takes over he would have several very good reasons for saying that ETO's exists.
1. The loss of trust between Ridsdale & TG over the forgotten tax winding up issue which makes it impossible for them to work together (Organisational).
2. The club cannot sell season tickets because Ridsdale is at the club and was responsible for the botched Golden Ticket fiasco (Economic)
3. The club have a new trusted Chairman in Steve Borley (Technical)
They are 3 reasons off the top of my head, but there are 100's more we could name. Provided the club has followed the correct procedures (which they seemed to have i.e. sidelining Ridsdale, making him apologise for the GTF even offering him another job) they would seem to be in a very strong position for getting rid on the cheap.
But I will leave the best until last. If Ridsdale is made redundant for ETO reasons he is only entitled to statutory redundancy pay.
The calculation for SRP is 1.5 X the maximum weekly wage £380.00 = £570.00 multiplied by further by the number of full years service (2 in Ridsdale’s case) giving a total of £1,140.00!
So Peter if you are reading this and have been offered anything more than £1,140 to quit I would take it now and get out of town ASP because for that money it isn't worth the hassle.
It is a complicated part of Employment Law but basically if the company you are working for is taken over by another company (or individual) and they buy tangible assets in the company (e.g. the stadium) as well as shares and continue to trade as the same business, then all employee have their contracts of employment protected by TUPE. This means they continue to enjoy the same hours, pay and perks they had before the takeover.
However, like all Laws there are exceptions the most important being an economic, technical or organisational reason (ETO).
This means if a new owner can show that an employee’s job is redundant for an ETO reason then they would have protection from a legal challenge by the employee who would only receive statuary redundancy pay for losing his/hers job.
I am speculating whether this is the reason why Ridsdale hasn't been dismissed yet. Under the present regime Ridsdale has a contract of employment for CEO and a job as Chairman. Therefore if he was sacked now he would have a very good case for unfair dismissal or breach of contract.
However, once TG takes over he would have several very good reasons for saying that ETO's exists.
1. The loss of trust between Ridsdale & TG over the forgotten tax winding up issue which makes it impossible for them to work together (Organisational).
2. The club cannot sell season tickets because Ridsdale is at the club and was responsible for the botched Golden Ticket fiasco (Economic)
3. The club have a new trusted Chairman in Steve Borley (Technical)
They are 3 reasons off the top of my head, but there are 100's more we could name. Provided the club has followed the correct procedures (which they seemed to have i.e. sidelining Ridsdale, making him apologise for the GTF even offering him another job) they would seem to be in a very strong position for getting rid on the cheap.
But I will leave the best until last. If Ridsdale is made redundant for ETO reasons he is only entitled to statutory redundancy pay.
The calculation for SRP is 1.5 X the maximum weekly wage £380.00 = £570.00 multiplied by further by the number of full years service (2 in Ridsdale’s case) giving a total of £1,140.00!
So Peter if you are reading this and have been offered anything more than £1,140 to quit I would take it now and get out of town ASP because for that money it isn't worth the hassle.
Re: TUPE
Fri Apr 15, 2011 10:22 am
Handy tip: Beware of not fully consulting with all parties during TUPE, otherwise your people will likely take the Employment Tribunal route for redress.
If you'd like to know more, request a free consultation via our website - www.jenniferlewishr.co.uk
If you'd like to know more, request a free consultation via our website - www.jenniferlewishr.co.uk
Re: TUPE
Fri Apr 15, 2011 12:49 pm
Does it not amaze you who reads this site. 