Challenge: Managing TUPE Transfers – A Change in Working Patterns
To align their working patterns to meet new customer expectations, Enterprise came to Vista for help in respect of the legal and practical steps required to make this change.
It was a complex challenge, as there was a mixed TUPE and non-TUPE heritage workforce opposing the change, which it regarded as a simple attempt to harmonise terms and conditions in a post TUPE context.
Solution: Construct a sound business case
Our experience in managing TUPE transfers and contractual changes meant that we were able to carefully analyse the circumstances and construct a sound business case for the required changes.
Notwithstanding the unfortunate timing of the changes to coincide with the transfer, we were able to successfully distinguish the changes from the transfer based on the requirements of our client’s customer.
By properly understanding our client’s business, and by extracting the relevant operational, commercial and strategic factors, we were able to support the consultation process and ultimately present the same arguments successfully in the employment appeal tribunal.
Results: A working methodology
A clear working methodology arose out of not just defending the claim, but working in partnership with our client to successfully manage subsequent exercises requiring changes to terms and conditions of employment in order to meet legitimate business needs; irrespective of TUPE heritage.