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Frequently Asked Questions
It is important to note that every transition will be different and that these questions and answers are generic rather then specific to a particular transition.
You will already have heard reference to the Transfer of Undertakings Protection of Employment (TUPE). The TUPE regulations were created by the EC to protect staff transferring as a result of the sale or contracting out of a specific part of a business or public sector organisation. TUPE is not a guarantee of life-long job security, but regulates to ensure that terms accrued by length of service are protected and honoured. Broadly, the Regulations state that if an operation is transferred as a going concern, the staff involved with that operation have the right to transfer with that operation and on the same terms and conditions that they currently enjoy. What is TUPE? This is a statutory enactment much amended by case law which protects your employment and transferring terms and conditions where you as an employee from part of an "undertaking" transferring from one organisation to another. There is much complex detail, however we are taking the stance that transferees "in scope" will be transferred under the "TUPE" regulations. How will it be decided who transfers? It is important that we clearly determine which roles are in scope. Our approach is to account for every individual affected and that a future is determined. The basis for determining "scope" is the nature and detail of the service transferring from the existing organisation to Fujitsu Services. Am I entitled to redundancy? No. TUPE is not a redundancy situation. You are deemed as 'in scope' of the entity transferring to Fujitsu Services and will transfer under TUPE with your current Terms & Conditions protected. I have not chosen to be in this position do I have any say in the outcome? Your existing organisation will be conducting the consultation process which will be your opportunity to input. Fujitsu Services will be working with your existing organisation to provide such information as required and be party to any discussions where we can help. What if I resign prior to the transfer? Then as you will not be in employment with the "in scope" group at the point of transfer it follows that you will not have transfer to Fujitsu Services. What if I refuse to transfer to Fujitsu Services? You need to carefully consider the implications of taking this decision. Whilst it is acknowledged this position is not of your choosing you need to think in terms of your best long term interests. If you are resolved not to transfer to Fujitsu Services you should put this objection in writing to your existing organisation stating your reasons. We will all attempt to broker the best outcome we can for you but you may find yourself in a position where legally you will be seen to have resigned with no job at all. I'm not a permanent employee - what is my position? Will I transfer? Employees with a third party / temporary contract may not have the automatic right to transfer. However we recognise the important roles that such staff fulfil. We will seek an early opportunity to understand in broad outline your role as well as your individual circumstances to agree the way forward. If any temporary arrangement is to be ceased then this will be in accordance with the terms of your current contract. Can I stay with my existing organisation? That is very much a question you will need to put to your existing organisation. It is our expectation that all employees occupying "in scope" roles will transfer and we look forward to welcoming them into our organisation. Where roles are presented without attendant employees our expectation is that all parties will cooperate to ensure continuity of service to the customer. If I see a job post transfer, in my existing organisation, can I rejoin? From the transfer date you will become an employee of Fujitsu Services. Pre or post transfer it is entirely your choice which organisation you work for. However we believe Fujitsu Services can offer real opportunities and we would encourage you to explore all these prior to making final decisions. What personal information is being passed to you? Your existing organisation have initially passed us anonymised data with regard to staff in scope. This is to allow commercial issues on price to be addressed and is a normal commercial practice. Ultimately we will need to stand in the "shoes" of your existing organisation as your new employer and to achieve this we will require detailed personal information including salary, allowances, address, performance data etc. Once received Fujitsu Services hold such information as strictly confidential and made available only to those with a need to know.
Fujitsu Services currently has a number of existing agreements with Trade Unions. We have extensive experience of working effectively with the Trade Unions in the lead up to and throughout the transfer process. Fujitsu Services will continue to work with your current employee representatives honouring collective agreements already in operation. It is important to note that Fujitsu Services fully complies with the EEC Directive on employee consultation. I currently pay my Union subscription via Payroll; how will this continue? Fujitsu Services Payroll will handle check off payments in the same manner. Does Fujitsu Services recognise Trade Unions? Fujitsu Services has built a good track record of working with Trade Unions from a number of different organisations. Where existing recognition arrangements are in place - they transfer. Given the differing interests of Fujitsu Services staff including the majority who choose not to be part of any Trade Union, Fujitsu Services have established the UK Consultative Forum to allow everyone a channel to Fujitsu Services senior management.
How many people have transitioned into Fujitsu Services over the last few years and have there been redundancies in the same period for these groups of people? Over the last 15 years nearly 6000 people have TUPEd into Fujitsu Services. Whilst we don't keep records of how many of these people have left via redundancy, overall the attrition rate for those areas of the business is less than non TUPEd parts of the business. When changing to a 'Fujitsu Services contract' is it possible to retain certain elements of the original T&Cs? For example redundancy. This would be negotiated. Where a person is changing role - for example moving from a technical role to a managerial role - it may no longer be appropriate to receive overtime payments. This would be the same for any person changing role, whether or not they have transferred under TUPE. Therefore when deciding to change terms this wiould be discussed with individual on a case by case basis. Does Fujitsu Services still have a grading system? Within Fujitsu Services we use a concept of Professional Communities by which we group people carrying out similar roles. These communities have associated benefits and terms. All moves between roles will require some from of assessment but typically the more senior the role the more stringent the assessment. Who will be my line manager following the transfer? Local management arrangements are unlikely to change in the short term though at higher level we would normally expect to integrate discrete functions into the appropriate business divisions of Fujitsu Services. How will we become integrated into Fujitsu Services? Business requirements, personal aspirations, development and new opportunities will evolve and provide everyone with new challenges and opportunities. Integration programmes, Fujitsu Services processes, Service Level Agreements and transfer of skills will all be imperative in establishing the move to Fujitsu Services and there will be a number of the Fujitsu Services Management team involved in the transition and integration. However a key theme running through all of this will be communication and consultation with you to ensure that you feel involved and part of Fujitsu Services. What changes will Fujitsu Services bring to us? Some changes may be required around terms and conditions. However there may well be impacts on matters such as working practices, organisational structure, location etc. These will be discussed with you during the consultation process. Which of my terms and conditions will FS replicate? Our broad approach is to replicate existing terms and conditions. However it may not be possible to replicate or it may be to everybody's advantage to change, e.g. date of the month you are paid. As we understand the fine detail of existing terms we will put forward our proposals for change. Other areas which impact you which may fall outside terms and conditions also need to be discussed e.g. car parking, social clubs. What happens with holidays? We would normally expecxt to honour pre-booked holidays however ongoing requests you should refer to your line manager. Overall holiday entitlements are of course protected under TUPE. I have a benefit company car, laptop and mobile phone. What happens with these? The car is part of your benefits package and will transfer with you. Our preferred approach both for transfers in and out is that the actual car passes with the individual and we reassign the lease between the two companies. Whilst we cannot guarantee the outcome at this stage, we will keep you informed on progress. The phone and laptop belong to your existing organisation and arrangements will be made for their collection close to the point of transfer when you will receive new ones, where appropriate, from Fujitsu Services. I am currently making use of my existing organisation's medical scheme for paid treatment. What happens on transfer? It is very important that you discuss the details of what treatment is taking place and when, to determine continuity. This discussion needs to be with your medical advisers closely liasing with PPP - Fujitsu Services medical scheme providers. How long will my terms be protected post transfer? TUPE allows you full protection against imposed change as much as any other employee. Our approach to "harmonisation" is pragmatic with a clear business case needed before we will proceed and only then after full consultation with those affected.
Can you remain at a site if you are happy and settled there? Yes, as long as there remains a service to deliver and your skills continue to meet the needs of that service. If Fujitsu Services moved a function to a central location would staff have a choice of where they go? Delivery of the service to the Client has to come first. However, Fujitsu Services are reasonably flexible where the location of staff does not impact on the service to the client. Will I be required to work away from my current work location? From time to time there may be a reason for you to visit another Fujitsu Services or client site. However, this will always be undertaken by agreement and you will reimbursed for any expenses incurred. We have a flexible approach to base location and endeavour to ensure that both the individual and business doesn't incur excess cost and time of travelling.
On what salary will I transfer to Fujitsu Services? You will transfer on your existing salary as at the day prior to the date of transfer. What happens if I have future salary increases in the pipeline? Future, committed increases will be honoured If I receive overtime, shift allowances, or other such payments, will these continue to be paid? Fujitsu Services will continue to pay all allowances. Special payments and awards that reflect your extra contribution to the business are paid at the managers' discretion through Achievement Awards and bonus schemes. I am due a pay rise / bonus will this still happen? If such payments are contractual and identified to us pre transfer then yes they will still happen. You should clearly determine the status of any such commitments before you transfer and in time for us to understand and agree the position with your existing organisation. Can I transfer my accumulated years of pension with my existing organisation into the Fujitsu Services scheme? This is an option and we will provide further detail when we have it. However this is an important and complex area - you should consider taking financial advice before committing yourself to any course of action. How is pay changed each year? Fujitsu Services have an annual review in April each year. Each local manager determines individual increases dependent on internal and external benchmarks, pay budget and performance, formally captured in our people management process Performance Plus. This is the way in which Fujitsu Services staff are assessed - your transferring terms and conditions may affect this. What is the pension position? Pensions are the one term specifically excluded from TUPE protection. Our approach will be to offer a competitive scheme. Specific details will be issued to you and be part of a pensions workshop to be led by an experienced pensions professional. This will take place prior to transfer.
How will my holiday entitlement compare to that I currently enjoy? We will honour your existing entitlement to leave and length of service accelerators as this is protected by transfer to Fujitsu Services under TUPE. Are there any restrictions on taking leave? Leave arrangements are agreed between individuals and their managers. Normally, no specific restrictions are placed upon the booking of time off (i.e. maximum leave in one block or notice period). However it is each individual's responsibility, together with their manager to ensure that our service commitments are met. What are my rights for maternity leave? There is no change to your current maternity entitlement. How does length of service apply to leave entitlement? This applies exactly as it would under your current terms and conditions. Future increases will be honoured.
Fujitsu Services business is client centred and delivering excellent service to clients is more important than prescribed hours of attendance. Does Fujitsu Services have 'standard' hours of work? Under TUPE your current working week will remain unchanged. Any future changes to working hours would be as a result of the need to meet changing business circumstances and only by agreement with you. Fujitsu Service's hours of work vary from division to division dependent on the needs of each business. Does Fujitsu Services operate flexitime? Fujitsu Services does not recognise flexitime in the truest sense. Fujitsu Services considers flexibility in working arrangements to be very important and we actively encourage adaptable practices to ensure we meet our business goals. The working pattern appropriate to the business or client may dictate different arrangements. We recognise that personal circumstances may also have an impact on working hours from time to time and expect individuals and their managers to deal with this at a local level. What daytime breaks am I entitled to? Fujitsu Services will continue to honour custom and practice that currently exists in your current workplace providing it does not impact on the quality of service delivered to the client. Break and rest periods are in line with the legislation of the Working Time Directive. There is a joint responsibility on the manager and on the individual and team to be sensible. Does Fujitsu Services authorise time off for Public Duties? Fujitsu Services encourages contribution to the wider community and society. Additional leave of absence for employees to participate in a range of public duties is available. These duties include local council representation, voluntary service with elections, participation in HM Reserve Forces and appointments as Justice of the Peace for example. Does my current service count to sick pay entitlement? This remains unchanged and will operate exactly as it does at the moment. Is time off allowed for visits to the dentist, doctors, hospitals etc.? Time off will be allowed in exactly the same way as it currently operates and managed at a local level. Is time off in lieu given as an alternative to overtime? If so, on what basis? Time off in lieu is managed at a local level and needs to take into account the business impact.
What opportunity will I have to work with other clients? Our first priority will be to ensure we meet our commitments to our existing client. Any changes to your day to day work will be business driven and built into your development plan. Utilisation of peoples' time is a key measure for Fujitsu Services ensuring that we have staff fully utilised on revenue earning work. Our management of resource and the ability to flexibly deploy work packages will enable us to keep you fully utilised either with the existing client, other clients or a combination of both. How soon will I be able to apply for opportunities in the wider Fujitsu Services? We encourage everyone to develop new skills and seek new opportunities throughout their career with Fujitsu Services, but any moves need to be managed carefully. Your current manager will work closely with your HR Manager. Whilst supporting your career aspirations, transfer dates need to be carefully planned to ensure there is no impact on service to your current customer.
How will my development be managed? We know that Fujitsu Service's strength lies in the talent and skills of our employees. We aim to develop all staff to the highest level that they can attain in line with their ambitions and the needs of the business. We place considerable importance on the development of our people. Ultimately it is the quality and the motivation of our people that will determine the success of Fujitsu Services 's business. Performance Plus is Fujitsu Services' way of managing performance and personal development. Performance Plus allows us to manage strengths and weaknesses, to manage development plans, to set and agree objectives, both personal and business focused and to agree training and coaching plans. Performance Plus is a joint programme and conducted in confidence between you and your manager, or career manager. At the beginning of the year the programme commences with a review of objectives and an appraisal followed by regular reviews throughout the year. What support is available for professional training and further education? Fujitsu Services supports its employees obtaining membership of professional accreditation from relevant professional institutions and recognised training bodies, where this is consistent with the business goals. Support may include reimbursement of fees for study and examinations, study leave, use of company facilities for study etc. Will Fujitsu Services pay for training? Fujitsu Services have a longstanding track record in delivering training. However we will review all post transfer commitments to determine the ongoing suitability.
What career opportunities are there within Fujitsu Services? Fujitsu Services provides worldwide career opportunities in a wide range of job roles. Throughout Fujitsu Services, employees have access to all Group opportunities throughout the world. Opportunities exist not just in IT and business process management but also in other important areas of business, such as, sales, marketing, client management, finance, human resources and administration. It is our policy to promote from within whenever possible. All vacancies are advertised internally first to ensure that we continue to provide opportunities for growth to our existing employees. How will I hear of situations vacant in Fujitsu Services? All internal vacancies are circulated via email and are accessible via the Intranet. How do I progress - do you have a grading structure? Fujitsu Services have in place a process known as professional communities. All job functions are grouped into 16 groups of common roles. Progression from role to role is dependent upon meeting the criteria identified. Detail is provided on the Fujitsu Services intranet to which you will have full access post transfer. Can I apply for other jobs in Fujitsu Services? Yes, you have the same opportunity to look at alternative roles as any other Fujitsu Services employee. However if your new role is divorced from the role / customer you transferred with, then you may have to undergo some contractual changes to move.
Is Fujitsu Services an Equal Opportunities Employer? As covered above Fujitsu Services is firmly committed to the concept of equal opportunities for all its staff and its dealings with its customers and third parties. Is Fujitsu Services signed up to the Diversity question? Fujitsu Services positively embraces the notion of Diversity as we believe that this encourages all people to be able to maximise their potential within the organisation. Does Fujitsu Services have women in senior positions? There are a number of women in senior roles within Fujitsu Services, however we do not believe in quotas but rather creating the correct environment and allowing people to be promoted on merit.
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TUPE Experience Read our article "Oursourcing from the people's point of view" TUPE Success
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