TUPE transfer and equal pay

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mizx

Original Poster:

1,569 posts

184 months

Thursday 24th November 2016
quotequote all
I am currently a direct-hire to an outsourced outfit that provide IT services across a few regional clients, and is effectively ceasing to exist at the end of this month. Perhaps you might know who if you looked at my profile and are a local biggrin

I'll be TUPEing back to the client we work within along with the rest of this IT service, besides the paintwork changes with a new management structure we will be working pretty much as we are now.

I got in here via a Grad scheme with the client. You typically work within HR, but due to my infosec degree they spoke with my now employer and agreed to have me working partly in the IT service too, in a 3rd line team. By the end of the year I was based in and working almost exclusively in IT, and was offered to continue employment. They offered creating a position for me at 1st/2nd line grade, but still effectively a junior in the team and not invloved in much project work I was happy with that.

Another year comes round and I'm still on the same grade, it started to become obvious I was working above it, as was agreed when I discussed it with my staff manager. I was told they were shortly anouncing a promotions board, only 8 years into the contract with little more than a year left... and I suggested we go through that. We couldn't quite justify all of the required behaviours so we decided to wait for the next one in 6 months, though I wasn't entirely convinced and was sure I was working 2 grades above in some areas.

You can probably guess what happens next, in the exit planning the client says they like the idea of the promotions board but will be suspending it for the timebeing, so that was that. I'm now into my third year on this grade.

Of course you can't legally discuss pay etc. until the TUPE happens, so I'll be transfering back as I am. There are also some very big changes in ongoing IT strategy conicding with all this, and I had an off the record discussion with the client about where our team fits in that, and what new opportunities there will be. I was also told I am seen as having the same role as my colleagues, though personally I don't feel I have enough project involvement yet.

The problem is, as I understand it, for any gaps jobs will be created and recruited into, whether that's internally or not. Does this mean I have to apply and interview, in order to be paid what I should be being paid?

Any suggestions? I don't doubt things are being dealt with in the right manner, I want to make sure I understand the employers obligations around equal pay etc. and whether I should be just going with things as they present themselves.

Sorry if I'm asking any stupid questions in all this, I still feel a little clueless about certain areas of working. Being disabled I've become a bit stuborn and have a habit of not asking for help, I should probably have asked them about this long before now.

Edited by mizx on Thursday 24th November 15:05

edc

9,230 posts

250 months

Thursday 24th November 2016
quotequote all
The concept of equal pay is to protect men and women who are supposedly doing the same job and to ensure they are paid the same.

This does not prevent or prohibit differences in pay for people doing a job of the same internal grade unless there is any discrimination (in the legal sense) involved.

If you are thinking of basing an argument for a claim on equal pay you are probably barking up the wrong tree.

tankplanker

2,479 posts

278 months

Thursday 24th November 2016
quotequote all
TUPE protects a lot of other things not just your current pay. Normally the company you are transferring to will try to get you off your existing terms and conditions and onto theirs to make it cheaper and easier for them to look after you. Any key employees will be targeted first usually with a pay rise to keep them sweet as the whole process tends to make people nervous.

Personally I would transfer over then push for a pay rise. If they do create a more senior position and don't offer it to you directly then apply for it. I would never expect to be automatically promoted, that is asking to not be promoted in the majority of situations.

If you are unhappy with what you are being paid and you are being fobbed off then you should move on. If you won't move on after being fobbed off you either do not have marketable skills or aren't unhappy enough with what you are being paid.

mizx

Original Poster:

1,569 posts

184 months

Thursday 24th November 2016
quotequote all
Ok, thanks. I only intend to make sure I understand what's happening. I shouldn't have mentioned equal pay, I understand it isn't for this situation.

I'll look into the possibility of senior positions to apply for. You have a point in not being unhappy enough with what you're being paid, I have a decent additional income so I've been happy with the status quo.

Edited by mizx on Thursday 24th November 15:02