Susan's Legal Bits

In September 2008 Susan was interested in.....

The Transfer of Undertakings
(Protection of Employment)
or TUPE

Hi Everyone!

I haven't received any requests for things to talk about on here so I feel a bit like I have carte blanche this time!

However, it just so happens that we are going through the TUPE (or Transfer of Undertakings (Protection of Employment)) at the moment so I wanted to take the opportunity to talk a bit about this fascinating piece of legislation and remind those of you who use us that, as of October, all our operatives who are still using us on a regular basis will be moved from their employing Gabem Umbrella Companies into Gabem Management Limited.

This restructure is behind the scenes but does affect you because your employment has been with Gabem 1233456 Limited (an example) up until now. Using the Transfer of Undertakings (Protection of Employment) Regulations 2006 we are able to move your employment into Gabem Management Limited with little fuss and certainly no hassle to you. In fact, you will continue to use our service exactly as you have before but instead of having an umbrella company name all over your paperwork (expense forms, payslip etc.) you will have the name Gabem Management Limited on the paperwork relating to your employment - because that will be your new employer.

You don't get any extra benefits from this happening because you transfer over on exactly the same terms and conditions as you had previously, but you also don't lose out on anything either. You will have expenses, holiday pay and indeed anything you had in the umbrella company transferred over with you.

TUPE really is a beautiful piece of legislation because it protects employees from losing out on benefits when they are transferred to a new employer (usually through mergers and acquisitions). It also obliges the employing company to 'consult' with the employees throughout the process so that there are no surprises with regards to the ownership of the company.

Here at Gabem there is absolutely no issue with ownership. You have always been employed by a Gabem limited company and will still be employed by a Gabem limited company ! - it's just the name that is changing - you are now coming under the main company.

Some of you may have already received a letter from us explaining TUPE and asking you to opt out of the Agency Regs under the name of Gabem Management Limited if you were previously opted out of the umbrella company. We will be sending a second letter to remind you of the impending transfer of employment and a third letter to confirm when it has taken place - at that point we will send you a new expense form and lots of glossy literature about how we can be of better service to you.

You may ask why we are doing this transfer right now and I am pleased to (hopefully) be the first representative to announce here on my 'bits' that we are going to be offering two brand new products in October and the reason for us transferring the umbrella service into GML is to do with that... Keep your eyes glued to elsewhere on the website as well as your letterbox for more info!!

So.. TUPE is happening at the moment, everyone who uses Gabem will be employed by Gabem Management Limited as of the beginning of October under the same terms as they have been used to . and there are two new products going to be launched around the same time which will give all our operatives - both existing and those who left when legislation affected us all - a sense of choice from the best - GABEM.

I love doing this website article every month but would really love to hear from you so that I know I am writing about what you want to hear.. I'll reply to every enquiry I promise!

Have a great month!

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All comments provided on my blog are for informational purposes only. My thoughts and opinions are my own with agreement from my employer as being suitable for sharing with the wider world. Any advice, or writing that might be taken as advice, should not be deemed in any way as professional Legal advice and are only the musings of a HR practioner whose sole aim is to help where she can.