TUPE

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Discussion

C3BER

Original Poster:

4,714 posts

224 months

Sunday 1st April 2012
quotequote all
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?

rog007

5,761 posts

225 months

Sunday 1st April 2012
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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.

C3BER

Original Poster:

4,714 posts

224 months

Sunday 1st April 2012
quotequote all
The new company has introduced flexible hours etc and are now trying to change our contracts. Some are on 28 day holidays which they are trying to change to 19.6..

omgus

7,305 posts

176 months

Sunday 1st April 2012
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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?

C3BER

Original Poster:

4,714 posts

224 months

Sunday 1st April 2012
quotequote all
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.

omgus

7,305 posts

176 months

Sunday 1st April 2012
quotequote all
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.

smn159

12,726 posts

218 months

Sunday 1st April 2012
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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...

C3BER

Original Poster:

4,714 posts

224 months

Sunday 1st April 2012
quotequote all
I work for a firm sub contracted to our immigration services.

muppetdave

2,118 posts

226 months

Sunday 1st April 2012
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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.

omgus

7,305 posts

176 months

Sunday 1st April 2012
quotequote all
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.
It's easy enough with good reason, especially if the client has asked for it or it was a part of the tender request.