Questions covered under TUPE and not forwarded to management

[WhitneyHouston]

How long will the new employer guarantee the same contract that we currently have with UBS?
The transfer retains our contracts, terms and conditions, lengths of service, exactly as they stand now. As with UBS now, there are no guarantees about jobs, and any employer could seek to renegotiate terms at any time. However, we are entitled to ask (and UBS is legally obliged to inform us if they know the answer) what intentions the new employer has towards us in terms of envisaged redundancies, changes to terms and conditions, as well as any social changes that we might experience (i.e. any changes at all). Therefore see the proposed questions to see how this has been rephrased to make the most of the regulations.
What notice period is given each way?
As above.
After this period, can they rewrite our contract and offer lower pay, less benefits etc?
As above.
Will the new employment contract with the vendor include a probationary period (i.e. of 3, 6, etc. months)?
As above.
Will the jobs with the vendor be guaranteed for at least the first year?
As above.
Will DCMG still be located at 100LS?
As above.
As UBS announced last week that it will need to cut staff by another 2,000 (of which 700 in London) by the end of the year, will the redundancies affecting the presentations centre be done by UBS or by the vendor?
We have asked if any redundancies are envisaged. See above.
My current salary is competitive in our industry and the new company might not be as generous as UBS. Can the new company decide to freeze our salaries and not give us pay increases in the future+ in order to bring us into line with their existing employees?
This is known as “harmonising” and (despite the name) is illegal under the TUPE regulations and consequently we have not asked the question.
Will the new company start bringing in their own people who may be on cheaper rates and then slowly start phasing out UBS people who are costing them more money? This seems to me to be the only financial sense in the whole change over, otherwise why is UBS doing this, if not to save money?
No. See above. However, they can obviously bring in their own people like any other company or department.
As a permanent employee of UBS will we have the opportunity to switch to a Temp Contract with the new vendor and carry on working at UBS but as a Contractor Instead?
The above question is understood to mean that this would entail us resigning from the Transferee? Please let us know if we have mis-interpreted this question.
Will our length of service be carried over to the new company?
Yes, this is enshrined in the TUPE regulations.
Will there be any opportunities for voluntary redundancy?
Not at the time of transfer. We would have to resign if we did not want to be transferred; this was also clarified in one of the initial meetings chaired by the transferor. Again, we have asked about future intentions.
As there are clear precedents in relation to redundancy payouts where other banks have outsourced departments, are UBS going to follow suit?
A question has been raised requesting confirmation regarding transferred employees and the enhanced redundancy package that is currently favourable. If, once you have seen the proposed questions being asked surrounding redundancy, you feel that this has not been covered, please provide more detail.
If we are made redundant and vendor only offers 1 week for every year worked, will UBS match the other 3 weeks for every year? If UBS will not do this indefinitely would UBS consider matching for anyone made redundant within the first year or two?
See above. However, it is felt that we should not be restricting our options or packages to timeframes until we enter a negotiation stage (should that be necessary).
Can the new employer after taking all our contracts on and presumably our great benefits, then renegotiate our terms after a specified period of time? i.e. we do not have a business need for x or y shift anymore, take this new shift at reduced salary and benefits or take statutory redundancy? Is there any safeguard in place to stop this from happening?
Again this has been answered in several questions being posed to the business as it covers several points.

[WhitneyHouston]

General
• In accordance with TUPE regulations 2006, please advise any actions that will be taken in connection with the transfer that will affect employees, e.g. the name and intentions of the transferee and when the transfer will take place as well as any legal, economic and social implications of the transfer for the affected employees that may not have been covered in questions raised specifically under this consultation
• What actions do UBS envisage that the transferee will take following the transfer: e.g. redundancies, change of workplace, shift hours, possible injection of new employees, or other re-negotiation of contracts, service/satellite provision? Please also advise if the transferee will not take any such actions.
• Please advise what will happen to transferred employees in the cases of future re tendering or in sourcing
• Please confirm that following the transfer the transferred employees will not be prevented from applying for jobs at UBS
• As the transferor, please fund independent legal advice (the provider to be chosen by employees) to review employment contracts and/or compromise agreements and advise time frames in which to agree and sign new contracts
• Will the transfer affect employees when applying for credit or references with external agencies and/or companies?

Contracts
• Please confirm that the transferee will conduct future salary and condition reviews, including annual bonus awards, on comparative terms to those that employees would have received in UBS unless the transferee’s policies are more favourable than those of UBS.
• Please confirm that the transferee will conduct performance reviews and explain how promotional, training and individual opportunities will be offered within the new organisation
• Please confirm that employees working different roles to those stated in their contracts, will continue to work in their accepted roles and receive financial remuneration retrospectively of these additional work activities
• Please confirm that the transferee will honour existing taxi allowances provided by UBS
• Please confirm that the Bank Holiday and overtime procedures and allowances will continue as provided by UBS

Employees working on flexible/specific hours (due to business and personal needs)
• For employees currently on a contract which has been arranged under the flexible working request ("subject to business needs"), will these contractual hours be honoured?
• For employees whose contracts state different hours to those that they have conventionally and consistently worked over a long period of time, please confirm that the working hours will be honoured by the transferee under “custom & practice”
• Please confirm that employees fulfilling first aid and evacuation warden roles will continue to be recognised and paid for these roles and receive qualification training as necessary both in UBS (e.g. for AEDs) and externally (St John Ambulance) (CFAWs for employees who live outside London and do not work during conventional working hours) as appropriate.

Redundancy
• Please confirm that transferred employees whose roles may become redundant in the future will always be entitled to redundancy settlements no less favourable than UBS’s established enhanced compensation packages (defined as, “… 4 weeks pay per year for a minimum of 13 weeks … “, 28th February 2008, Minutes of meetings of the UK Employee Forum (UKEF)). This must also include shift allowances as agreed by two employee forum meetings.

“Custom & practice” (e.g. see tribunal of Albion Automotive Ltd v Mr G Walker & 21 Others, 12 October 2001, for relevant precedent) states that entitlement to established enhanced redundancy compensation packages become contractual due to (a) many consistent past redundancy settlements and (b) that said settlements have been communicated in several employee forum minutes since at least 2001. Additionally, in the case of UBS, these settlements are also industry standard, not just specific to UBS

Pensions and shares
• Please advise what pension arrangements will be made both in respect of (a) existing UBS pensions and (b) the transferee’s pension arrangements for employees
• Please advise what will happen to existing Equity Plus shares and options

Benefits and discretionary allowances
• Please confirm that all our benefits and entitlements will be 'like-for-like' as stated (from contractual to discretionary). Please advise precisely how employees’ entitlements will be met by the transferee. Some of the entitlements include (but not exhaustively) Valueflex benefits (including PPP level of cover and pre-existing conditions and insurance), maternity/paternity entitlements, Equity Plus, Matched Giving, Employee Assistance Programme, Experian credit report, emergency family care, nursery vouchers, continued access to UBS car parks, extra holiday purchasing, parental leave, emergency leave, enhanced sick leave, Charles Cameron & Associates, UBS parties, season tickets, staff discounts, Art card, membership of UBS clubs and societies etc
• Please confirm that any future benefits that may be offered to UBS employees will also be extended to the transferred employees, so that transferred employees are not disadvantaged by the transfer and can maintain terms and conditions similar to those that (a) they could have previously expected, and (b) are in line with remaining UBS employees
• Please advise how ongoing health claims and outstanding season ticket loans will be handled
• Please confirm that we will still be entitled to use the UBS medical centre and receive existing services

Bonuses and remuneration
• Please confirm that the transferee will conduct future salary and condition reviews, including annual bonus awards, on no less favourable terms than UBS

Misc questions
• If the transferee is taking over the management of presentations globally, please advise why this does this not include ISC
• How do UBS envisage that the relationship between transferred employees/transferee and UBS employees (including ISC) will change or develop?
• Please detail what technologies and computer packages will be available with training following the transfer
• Will we still have access to our P drive and please confirm that personal data will not be deleted?
• Will we still have access to the UBS intranet and will we have the new email addresses?
• Will our comments and questions have any bearing on the choice of vendor?

Temporary staff
• Will temps be transferred to the transferee on the same terms and conditions (hours, length of contract, rates)?
• Will the three-month rule still apply to contractors who leave, before they can return to UBS?
• What is the ratio of contractors to permanent staff likely to be going forward?
[list][*]

[daniel craig's mum]

I've just made some minor corrections and reordered some of the questions. I've made no material changes to content. I'm sending them to Whitney via email and won't bother republishing them here in case anyone requests this?

[daniel craig's mum]

Whitney found the following tribunal report about redundancy payments for employees transferred between two outsourcing companies, one of which was a potential transferee, under TUPE regulations.

http://www.amicustheunion.org/default.aspx?page=4118

[Boy George]

Hi Guys,

Just had a quick look at the revised questions and I have to say well done Whitney and Daniel Craig's mum. The questions were well thought of and put together nicely.

Will have more of a thorough look later on to see if we are missing anything, but it looks as if we have covered most things.

Thanks guys.

[daniel craig]

Thank you Boy George and Jellyfish,

A number of us have worked very hard over the last week to try to make the most of the consultation entitlement for the whole team. Everyone's contribution on the forum has been really helpful and it's nice to hear some positive feedback and support and to feel that we are all working together.

[Happy Elephant]

Wd also like to reiterate a thanks to everyone, esp Whitney and DC's mum for the research and revamp of the questions which was so necessary. As mentioned previously, so important to work together as a team as each of us can bring something new or perhaps unthought of by others; this will ensure all aspects of the transition plans and process are covered to our best advantage.

[WhitneyHouston]

I concur with Daniel Craig and his Mum... thank you very much for the positive feedback. Everyone has contributed to the final list of questions, so really it should be a thank you to everyone ...

[Happy Elephant]

Having read through the TUPE literature, a couple of points in particular caught my attention which other readers might wish to contemplate further:

(1) Pre-outsource, our pension rights are protected. However, once we are outsourced, 'the new employer DOES NOT have to maintain the same occupational pension arrangements for the transferred employees as they had previously'. The new employer only has to match UP TO 6% of employees' contributions. Pension schemes are unfortunately not completely protected by TUPE. The new employer must offer a pension scheme but it does not have to exactly match our current UBS pension scheme...

(2) Neither the old employer nor the new employer can vary terms and conditions in advance UNLESS the main reason for the variation is a reason unconnected with the transfer eg. an economic/technical/organisational reason (an "ETO").

Obviously, in relation to point (2) above, we are in the midst of a challenging economic situation at the moment, and I would be interested to understand specific examples relating to the definition of 'organisational'. There have already been suggestions that different technology will be addressed under the new employer's tenure. It may be worth keeping these points in mind when the ball starts well and truly rolling.

[daniel craig]

My team has not yet finalised the questions for management and, especially given some of the concerns raised about the previous questions that undermine our position, I am very concerned to see an email from HR saying that the team's questions (which apparently includes me as I am on the mailing list) are going to be dealt with by HR and the relevant parties. Some of these relevant parties must be our new employers. The whole team is not represented by those questions and I was under the impression that steps had been taken to ensure that the questions went no further at this stage until everyone was appropriately represented and we were all happy with how we were being represented. Does anyone know what's gone wrong?

[Knightrider]

Can someone on the day shift and who has the final list in document form ask Michelle and Dimitrious to replace the list asap with the latest one. This is the only way! Follow up with a telephone call please to make sure they've done it.

One remark though about final version of the questions. They are pretty defensive on the redundancy front, maybe tone it down a bit? Don't want to step on toes right from the word go. I would delete the following

General
• " In accordance with TUPE regulations 2006 "

and

" “Custom & practice” (e.g. see tribunal of Albion Automotive Ltd v Mr G Walker & 21 Others, 12 October 2001, for relevant precedent) states that entitlement to established enhanced redundancy compensation packages become contractual due to (a) many consistent past redundancy settlements and (b) that said settlements have been communicated in several employee forum minutes since at least 2001. Additionally, in the case of UBS, these settlements are also industry standard, not just specific to UBS "

[Sloblock]

An ex-colleague who went through a transfer at Morgan Stanley about 3 years ago encouragingly said that bonus and pension rights were transferred across. In fact there were two transfers, one to Williams Lee and the other to Office Tiger. Unfortunately there were redundancies and I have yet to find out what the package was like.

[Boy George]

Hi Guys,

I am very concerned. Can someone confirm that the Revised Questions has been sent to HR to replace the old version?

[Eslin, Vicky & Jo]

Nick has sent us a revised list of questions to be sent onto Michelle and HR. We have looked at the communication on this forum and we feel that until the whole team have reviewed the new questions and are happy with them then we are not in a position to forward them to Michelle and HR. I think we all would agree that these questions should be agreed upon as a whole team.

When we were asked to become involved in this process our understanding was that we would gather the questions from all shifts and send them in an email to Michelle and HR. As and when we get new questions from the team we would then collate again and forward these. This new set of questions which, going by posts in this Forum, is supposed to "replace" the original set of questions has not been either "seen" or "agreed" by the whole team. Some questions have been deleted which should not have been done. Each question was inserted by someone who thought it relevant to them and had a specific meaning to that person. It was not up to us or anyone else to decide that a particular question was not relevant.

Surely it would make sense, at this stage, if we waited until we received further notification as to the successful vendor and the proposed contracts before we submit more questions so that we get some idea of what we will be dealing with? It is great that there is a wealth of knowledge found already in terms of dealing with redundancy packages and benefits and this will make us more prepared when we finally do get our contracts and we know what they will encompass.

[Boy George]

Hi Eslin, Vicky and Jo,

Thanks for your comments but I would like to add that I didnt see the list of Questions before they were sent to HR and this list should have been sent to the whole team for review before being sent. I know that there was little time to compose them but I feel that more thought should have gone into some of those questions as HR have probably used them to negotiate terms and conditions with the outsource company.

You have suggested that we wait to receive further notification as to the successful vendor and the proposed contracts before submitting more or revised questions, but I feel that once this point has been reached, the deal would have been done and there will be no more negotiations with regards to our terms and conditions and we are forced to take what is given to us or the only other option would be to leave.

I would prefer that the revised questions be replaced with the previous version, but I do not speak for everyone, so may I suggest that the revised questions be emailed to the whole team for further feedback.

Thanks