tupe measures

[ruby123]

Tupe measures
I am taking some legal advice but just wanted some other opinions from employers who have done similar.
I’m just about to send a measures letter, do I keep it simple to help the transaction go through in a clean way or do I go into detail which may slow things down.

Basically I will want to make some contract changes after say 6 months, should I put it all down in the measures letter or just keep it simple, get the tupe transfer done and then consult in 6 months on any changes? Opinions please...

 

[The Byre]

Any changes to the basic terms of employment must be done with the agreement of the staff. An employer can make some changes to how work is performed, but may not change the terms of employment unilaterally.

 

[ruby123]

Any changes to the basic terms of employment must be done with the agreement of the staff. An employer can make some changes to how work is performed, but may not change the terms of employment unilaterally.

Yes totally understand that, that’s why I said we would consult, I.e a period of consultation, question is in the real world do I confuse / complicate the transfer of the business with this now using the measures letter or wait and begin consultation in 6 mon5s after the transfer has gone through? Thanks

 

[The Byre]

Are you looking for psychological or legal advice?

 

[ruby123]

Are you looking for psychological or legal advice?

Yes I guess it’s more psychological, I know the legal position, I just want opinions based on the best way for me to handle it.
Both options are legal but if I’m fully open in the measures it risks the transaction being protracted and add considerably to the costs.
It’s perfectly legal to consult on reorganisation after tupe for an economic reason as long as the reason isn’t the tupe itself.

 

[The Byre]

If you genuinely consult the workforce and ask for their help and their ideas, then the sooner you start the better. People don't like being faced with a fait accompli - "This is how things are going to be - suck it up or ship-out!" is seldom the right way to deal with people.

Lead from the front and be totally open with people. If the company is running out of cash, tell them. If you just want to make changes because, hey, it's my bloody company and I'll do with it what I like, they will, of course, dig their heels in and vehemently resist every change.

In German business culture, we have an 'Istaufnahme' (situation report) and a 'Sollaufnahme' (how things need to be) and it is sometimes a good idea to take the workforce on that journey through that process. "This is where we are and this is where we have to be to make this turkey fly! Now, any ideas, good bad or ugly, on how we achieve that goal?"

 

[ruby123]

If you genuinely consult the workforce and ask for their help and their ideas, then the sooner you start the better. People don't like being faced with a fait accompli - "This is how things are going to be - suck it up or ship-out!" is seldom the right way to deal with people.

Lead from the front and be totally open with people. If the company is running out of cash, tell them. If you just want to make changes because, hey, it's my bloody company and I'll do with it what I like, they will, of course, dig their heels in and vehemently resist every change.

In German business culture, we have an 'Istaufnahme' (situation report) and a 'Sollaufnahme' (how things need to be) and it is sometimes a good idea to take the workforce on that journey through that process. "This is where we are and this is where we have to be to make this turkey fly! Now, any ideas, good bad or ugly, on how we achieve that goal?"

Thanks, that seems sensible