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6 Union and Tupe

9 Feb, 2018 19:59

I am looking for some advice on what seems a very complicated issue. I work for a Company with sites nationally. The site in-particular that I am referring to is a unionised site which was inherited through tupe many years ago (2002).

I have been with the company 4 years so I am unaware of the full in and outs of the tupe process i wish to discuss. However, it seems to me a very one sided situation (on the union side).

Managers on the site seem very nervous when HR raise issues which could upset the union. For example 'absence'!!! the company use Bradford Factor, however when the tupe was being negotiated (2002) this was something that was refused by the union and the company agreed to replace it with something else (never happened) as far as I can see......

The main issue (which i need help with) is that the union seem to dictate how the Company recruit on this particular site and this is causing grave concerns and issues. They seem to be controlling the managers of the site and how the company manage this site. Apparently the predecessors of this site (no longer with the company) agreed T&Cs of the tupe. But I cannot seem to find any information which states the union have control over who the company employ and what roles the company can recruit for. I thought a Company can manage how they wish.... Please can anyone advise.

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David | 0 Posts

10 Feb, 2018 09:02

O9Hi Tina

The problems you outline appear to be far more endemic and serious than the niceties of TUPE.

This reads like a throwback to the bad old days of ‘industrial relations’ pitched warfare and wildcat strikes and the like.

Things are unlikely to change unless or until the top management really has the stomach to drive through any change, bearing in mind that it can be a hard battle to get there and things often have to get a lot worse before they start getting better.

Ideally, of course, try to negotiate / reach consensus with the workplace union; failing that, directly with your workforce.

Coming back to the possible TUPE aspects, the way the place is managed is rarely something that ever transfers contractually as a result of a TUPE transfer - express and implied contractual terms and conditions of *employment* , yes, but otherwise managing effectively isn’t legitimately a TUPE matter.
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Tina Fox | 0 Posts

10 Feb, 2018 10:38

In reply to David:
That is helpful thankyou. We are currently having pay negotiation battles with the union there which causes problems every time , we are attempting to negotiate a three year pay deal to try avoid repeating a long winded battle every year. There seems to be a massive breakdown in relationships and trying to build it back up is proving difficult as the union just won’t compromise. Would you suggest then that we can manage our own recruitment without having to involve the union ?
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David | 0 Posts

10 Feb, 2018 11:04

In reply to Tina Fox:
Indeed, Tina, re managing your own recruitment - as is the norm!

However, ensuring that the operation functions / survives during the almost-inevitable backlash to a policy of change will probably require very careful attention and contingency planning.
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Tina Fox | 0 Posts

10 Feb, 2018 11:08

In reply to Tina Fox:
The union have also asked for the proposal to be reworded in places and inparticular employee relations to industrial relations which may mirror what you suggest
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Tina Fox | 0 Posts

10 Feb, 2018 13:26

In reply to Tina Fox:
Most helpful, many thanks
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Peter Stanway | 0 Posts

2 Mar, 2018 10:00

In reply to Tina Fox:
At some point you have to make a stand and need a very good manager at the top with support from head office. Pick your issue and be prepared.
AS David says however you do need to build relationships from the bottom up
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