Information leaflet - TUPE FAQs

18/11/2013

Information leaflet - TUPE FAQs
for the proposed transfer of employees to Ansa Environmental Services Ltd
(the new wholly owned Company)
* Please note this document applies to contracted staff only*

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.

Q2.  Am I still covered by the TUPE protections if I am a casual worker?
TUPE only applies to those staff who are covered by a contract of employment.

Q3.  Who will be my new employer?
Ansa Environmental Services Limited (Ansa) will deliver the services that Cheshire East Council is currently providing and will become your new employer and provide your payslip.

Q4.  What will happen to my job?
Ansa will have TUPE responsibilities and the schedule of contracted staff will be provided to Ansa of those staff who currently deliver the service which is being transferred.  This means that your job will transfer to the new wholly owned Company. It is anticipated that representatives from the new Company will attend a joint meeting in due course to outline their vision for the future.  A representative of the new Company will most likely also meet with you either as part of a small group or if requested, individually, to discuss how any changes will affect you personally.  

Q4.  Will my terms and conditions change?
The transfer is covered by the TUPE legislation and this means that your terms and conditions at the point of transfer – pay, holiday allowance, occupational sick pay, pay review, and so on – are protected and can only be changed in certain circumstances.  

Q6.  Is there a time after which the new Company could change my terms and conditions?
It is unlawful to change terms and conditions solely as a result of the transfer and, if the change is for a reason connected with the transfer, then there must be an ‘economical, technical or organisational reason’ entailing changes in the numbers or functions of the workforce.  If at any time in the future the new Company wanted to change terms and conditions, it would have to be for a reason not connected to the transfer and you and your Trade Union Representatives would have to be consulted about any proposals.

Q7.  What happens to my previous service?
Continuity of employment is preserved and your length of service will transfer to the new Company.  For example, if you have worked for the Council for five years at the point of transfer, and you then work for Ansa for say three years, your total continuous service will be eight years.

Q8.  Would all of my service count if I am made redundant at some point in the future?
Yes, your service with Cheshire East Council and your service with Ansa ESL would be added together as above and redundancy payments would be based on your total service with both organisations.

Q9.  What if I already have a holiday booked?
If you already have authorised holidays/time off booked this will usually be honoured by the new Company.

Q10.  What happens if I’m asked to work from a different location, is this covered by TUPE?
Staff in most roles are already expected to work across the Borough as required and that flexibility will continue to be required by Ansa.  The Company is not currently expecting to move staff more generally to a different location but should this  became a requirement in the future, management would discuss with you in advance why it was necessary and would take into account your personal circumstances wherever possible.  Your Trade Union Representatives would also be consulted and would be able to provide you with advice.

Q11.  Will I be allowed to carry leave forward to the new company?
You will be able to carry over leave in the usual manner.

Q12.  If we transfer on 1st January how will the seasonally adjusted hours be dealt with?
This will be managed in the usual way as though you were still working for the Council.

Q13.  What will happen to my pension?
As an existing employee at the time of TUPE transfer you have the right to remain a member of the LGPS.

Q14.  If I want to join the pension scheme after the transfer to Ansa, will I be able to?
Yes, as an existing employee, you retain the right to join the LGPS even if you hadn’t already done so at the time of transfer.

Q15.  Will my pay date be the same?
It is likely to remain the same, however it is for the new Company to confirm if it intends to change the pay date. If it does change you will need to change the date of any direct debits/standing orders.

Q16.  What happens to collective agreements already in place?
The new employer takes over any collective agreements made on behalf of the employees and in force prior to the transfer.  

Q17.  What if I don’t want to transfer?
It is proposed that your role with Cheshire East will end on 1st January 2014 and will then be transferred to Ansa. You can choose not to join Ansa, but if you refuse to transfer you will be treated as if you have resigned.  You will not be dismissed and will not be due any redundancy pay. You can choose to seek another role outside the organisation or with us, but we cannot guarantee being able to offer you another job.

Q18.  I am off sick.  What will this mean for me?
We will advise Ansa that you are off sick.  They will still invite you to a one-to-one meeting to explain about the transfer.  You will transfer to them and they will look to support you back to work if you have not returned by the date of the transfer.

Q19.  I am pregnant.  What will this mean for me?
The transfer will not affect your maternity pay and benefits.  You will be invited to a one-to-one meeting with Ansa, and you will be asked for details of your maternity leave dates and advise you of the role to which you will return.

Further information:
If you have any further questions or concerns about the proposed transfer then please do not hesitate to contact:-

Ray Skipp – (Principal Manager Environmental Ops) 01270 686815 or  
07795 602828
Jane Thomason – (Service Manager Waste) 01625 383902 or 07775 922 694
Murray Halse (Fleet Manager) 01270 686 856 or 07827 954950
Gareth Edwards (Principal Manager Streestscene & Sustainable Environment)
01270 686828
Ruth O’Brien – (Senior HR Officer) 01625 383846 or 07827 356550

Alternately if you are the member of a trade union then you may wish to contact your union representative.
NOTE:  You will be able to ask all of the above questions and raise any other relevant matters or queries at your team and individual meetings with the new Company.