Discussion
Usually when a TUPE transfer takes place, the transferee inherits the contracts of employment of the persons employed by the transferor immediately before the transfer took place. This means that the employees have the right to transfer on the same terms and conditions of employment that they previously enjoyed with the transferor.
omgus said:
In its simplest form, if you choose to take the new terms and conditions yes, if you don't then no.
However before being definite i would need a bit more info to help further, what industry, how are the hours changing, is the pay-rate effected, will refusal lead to a rostering issue?
It's a type of security work which the new contractor wants to go onto 37.5 a week with top up hours. Pay is effected as day shift no longer gets shift allowance. They say they will employ more people if we fail to sign which would lower pay as it should be 42 weekly. More details via PM if required.However before being definite i would need a bit more info to help further, what industry, how are the hours changing, is the pay-rate effected, will refusal lead to a rostering issue?
Sadly C3BER I think they are allowed to do this assuming that you earn your holiday on a days worked system.
You need to take this up with your current HR.
With those hours I assume the client is HMPS or similar and as such out of my little niche of the industry.
They are effectively saying that the loss of 4.5 hours a week at work over the year works out to 1.4 days holiday over the year, but don't know your holiday structure well enough to say for certain.
Bump this on Monday when the weekday lot are in and they will be more useful.
You need to take this up with your current HR.
With those hours I assume the client is HMPS or similar and as such out of my little niche of the industry.
They are effectively saying that the loss of 4.5 hours a week at work over the year works out to 1.4 days holiday over the year, but don't know your holiday structure well enough to say for certain.
Bump this on Monday when the weekday lot are in and they will be more useful.
C3BER said:
If my contract says 21 days holiday and I'm TUPE over can the new company put me on basic 19.6 days as works out in their anualised hours contract?
I believe that they can do pretty much whatever they like if they cite, 'organisational, technical or economic reasons' for the change...smn159 said:
I believe that they can do pretty much whatever they like if they cite, 'organisational, technical or economic reasons' for the change...
The reasoning is correct, but I'm not sure how easily they can make the changes without challenge, or indeed how you would go about challenging the changes.muppetdave said:
smn159 said:
I believe that they can do pretty much whatever they like if they cite, 'organisational, technical or economic reasons' for the change...
The reasoning is correct, but I'm not sure how easily they can make the changes without challenge, or indeed how you would go about challenging the changes.Gassing Station | Jobs & Employment Matters | Top of Page | What's New | My Stuff