TUPE (Transfer of Undertakings: Protection of Employment)

Redcentric is conversant with the TUPE regulations and has a dedicated in-house team to handle TUPE transfers. Backed by a professional organisation with over 25 years of TUPE experience, we are equipped to ensure that the transfer process is made as easy and seamless as possible and that our clients receive an undisrupted service throughout.

Introduction

If you work for an organisation that has a contract that is transferring to Redcentric and you are assigned to the work on that particular contract, then the following information should help you with any questions you may have.

If you are not working for a contract that is transferring to us but are looking to apply for work with us, please go to our Careers page. This page is designed to help you understand the process of transferring to us. The information provided below is to be used as guidance regarding the TUPE process and for clarity on any matters independent legal advice should be considered.

Frequently Asked Questions

My organisation is talking about a 'TUPE' transfer, which means I would end up working for Redcentric – what does this mean?

Under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (known as TUPE) there are rules about what happens to employees when a service contract changes hands. This is known as a service provision change (SPC). If your employer loses a contract to Redcentric and you currently do the work covered by the contract the chances are you are covered by the TUPE regulations. Your current employer should let you (and us) know if they believe you are in a group of employees affected by the transfer.

If you are not employed, but a contractor in your own right, or working for a sub contractor, not the main contractor, please email hr@redcentricplc.com if you are working on an account that is coming over to us. If you do not, we have no way of knowing of your existence. Your rights are different and most of what is set out below may not apply to you.

What happens to my job?

If your job mainly involves working on the contract that is coming over to us, then you transfer over to us. There are rules on who is covered and who is not, if you work on a variety of duties/sites/contracts you should check with your employer and take advice on whether you are in a group that will come to us.

What happens to my salary/package/benefits?

Under the TUPE regulations you bring your existing contract of employment through with you. There are special rules for pensions. When you start work for Redcentric you will be on the same terms and conditions of employment that you are currently on.

What happens to my service with my current employer?

You bring your service with you. For example if you have worked one year for your current employer, then on your first day with Redcentric you have one year and one day's service. You will not be a 'new starter' in terms of your employment rights, your seniority and any other service related issues.

What happens to my pension rights?

Your pension rights under TUPE are different depending on what kind of scheme you are in. If you are in a pension scheme, you should let us know what type of scheme you are in (stake holder, money purchase or final salary), what contributions you are making and what contributions your employer is making. You will be eligible to join our scheme. More details will be available when you tell us what type of scheme/contributions cover you at the moment.

What should I do when my old employer's contract ends?

Unless we have made special arrangements with you, we would expect you to turn up for work at your normal start time on your next normal working day. Sometimes we will need to ask you to change that if we want you to meet some of our team, or hold a team meeting. You will be advised of this during our consultation process.

What will happen when I start working for Redcentric?

Although you are bringing your full service with you, you are new to us. We will need to go through an induction process with you in order to get you onto our payroll systems, make sure you know about our Health and Safety protocols, who's who in our organisation etc. If your current employer gives you at P45 this does not mean you have been dismissed, you should bring it with you on your first day with us; we need it to get you onto our payroll system.

Who will be there when I turn up?

Your new line manager will be holding a meeting to greet the team. Hopefully you will be able to attend that meeting, even if this is not at your normal start time/day. It may be that we will need to bring in some of our technicians. They will be there, if needed, so that we can talk to you and get organised and provide service to the client at the same time.

What kind of briefing will I have?

We value your expertise and experience and we will want to sit down with you and find out how you have been working on the project to date. We will also want to talk to you about how we envisage working in the future. Depending on the contract itself, we may have contracted to provide additional, new, or different services alongside the ones you are currently providing and we will need to make sure our working methods are aimed at the new contractual arrangements with our client.

How long will this take?

Depending on the scope of the project and the size of the team, we expect a hand over period, when we are working towards our new service standards from the original base. There is no hard and fast rule, your line manager will talk to you about appropriate time scales once they have had a chance to talk to you and find out how you work at the moment.

Will I get any formal training?

We are working on the basis that you are properly qualified and experienced for the role you hold. We anticipate 'on the job' briefing and training on any specific methods or equipment we use that you are not already familiar with. You will, of course, have access to Redcentric's wide range of internal training and development.

What are my prospects for promotion/transfer?

We have sites across the UK. We welcome applications for promotion and transfer. If you do accept a new role within Redcentric, this will be on Redcentric's terms and conditions of employment. Your TUPE right to keep your existing contract only applies to the role you are in at the time of transfer.

What changes will you make to how I am paid?

For most incoming 'TUPE staff' no changes will be necessary. We may need to:

  • change your holiday year to coincide with ours. This will not involve any loss of holiday
    entitlement or accrual, just a change of the dates to which it is calculated;
  • change your pay day to coincide with ours. There will be proper provision to deal with any
    hardship this may involve;
  • cease benefits that can only exist if you are part of your old employer's group, e.g. staff
    discount cards where being an employee of a particular organisation is a condition of
    membership;
  • make specific pension arrangements.

Any other changes?

We will also need to put you onto our grievance and disciplinary procedure. We hope we won't have
to use either procedure, but it is important you know what our procedures are. You will need to be
familiar with our equal opportunities procedure and other policies as well which will be provided to you at induction.

Am I going to be made redundant?

No, this is certainly not our intention. The vast majority of incoming staff are far from redundant. We want you to work for us, you are important to the success of the contract that has just transferred. In a tiny number of contracts there are roles that are no longer required because of technical changes in the way we work. We will be consulting with those potentially affected individuals via their current employers. However, this does not mean you should not join us because:

  • Your full service comes with you so you have the same entitlements as you have now.
  • We may be able to find you a suitable alternative role in our growing organisation.

What should I do now?

If you have any questions we have not dealt with, please email tupequestions@redcentricplc.com.

This question will go to the HR TUPE team.

What do I do to prepare?

It would be extremely helpful if you would let us know before the transfer the date of any:

  • Pre-booked annual leave
  • Paternity leave
  • Maternity leave
  • Parental leave
  • Any other kind of leave

Redcentric support your entitlements to leave. We need to know who is going to be absent so that we can try and arrange suitable briefings and cover. You can do this by emailing tupequestions@redcentricplc.com. Please don't forget to let us know what shift/site/client you are working on now.

Can I meet you beforehand?

To meet you during your normal working hours, we need to go via your employer. Some are happy to arrange this and we arrange joint consultation meetings. We are perfectly happy to meet you out of working hours, if we can make suitable arrangements. Please let us know how to contact you and when you would like to meet by emailing hr@redcentricplc.com. We would like to talk to you around your current contract/staff handbooks and terms so it is extremely helpful if you can get them to us before a meeting.