Discussion
Hi guys, I should be grateful if anyone could help me with the following queries:
I have been told today that I am being Tuped over to another company on the 1st May, which is only three working days time, are they allowed to do this? are they not supposed to give me more notice, as they are also changing my contract?
The change in my contract is that they are not going to continue with flexi time, and have offered me less than a 2% increase in pay, which is a joke, are they allowed to do this? Can I insist on having the same pay and terms?
I am going to phone ACAS tomorrow, but would be greatful if any employment law experts could help.
Thanks
I have been told today that I am being Tuped over to another company on the 1st May, which is only three working days time, are they allowed to do this? are they not supposed to give me more notice, as they are also changing my contract?
The change in my contract is that they are not going to continue with flexi time, and have offered me less than a 2% increase in pay, which is a joke, are they allowed to do this? Can I insist on having the same pay and terms?
I am going to phone ACAS tomorrow, but would be greatful if any employment law experts could help.
Thanks
Normally, TUPE means you move to the new employer with all your terms and conditions from your old employer.
2% pay rise is a lot better than a lot of others, but may not compensate you for the loss of flexi, especially if you use it lots.
Hate to say it, but do you have a union/staff association rep?
2% pay rise is a lot better than a lot of others, but may not compensate you for the loss of flexi, especially if you use it lots.
Hate to say it, but do you have a union/staff association rep?
randlemarcus said:
Normally, TUPE means you move to the new employer with all your terms and conditions from your old employer.
2% pay rise is a lot better than a lot of others, but may not compensate you for the loss of flexi, especially if you use it lots.
Hate to say it, but do you have a union/staff association rep?
We are only a small company, only four of us are being tuped accross, so no union/staff association rep2% pay rise is a lot better than a lot of others, but may not compensate you for the loss of flexi, especially if you use it lots.
Hate to say it, but do you have a union/staff association rep?
Just to add the 2% (actually 1.2%) compensation is also for the reduction in sick pay from 20 days to 10 days, and reducing the overtime rate from time and a half to normal hourly rate (not that I use this).
Edited by VXDunc on Wednesday 25th April 22:40
This doesn't sound like they are doing TUPE properly, it sounds as though they are using it as an opportunity to change things to suit them.
Have a read of http://www.berr.gov.uk/files/file20761.pdf and seek some proper advice tomorrow.
I went though it about 5 years ago and some terms have changed since then but in the initial period of the transfer they had to match pretty much everything my previous company did or offer a like-for-like alternative (this applied to things like pensions, healthcare etc).
Have a read of http://www.berr.gov.uk/files/file20761.pdf and seek some proper advice tomorrow.
I went though it about 5 years ago and some terms have changed since then but in the initial period of the transfer they had to match pretty much everything my previous company did or offer a like-for-like alternative (this applied to things like pensions, healthcare etc).
thetapeworm said:
This doesn't sound like they are doing TUPE properly, it sounds as though they are using it as an opportunity to change things to suit them.
Have a read of http://www.berr.gov.uk/files/file20761.pdf and seek some proper advice tomorrow.
I went though it about 5 years ago and some terms have changed since then but in the initial period of the transfer they had to match pretty much everything my previous company did or offer a like-for-like alternative (this applied to things like pensions, healthcare etc).
Thanks for the link and info Have a read of http://www.berr.gov.uk/files/file20761.pdf and seek some proper advice tomorrow.
I went though it about 5 years ago and some terms have changed since then but in the initial period of the transfer they had to match pretty much everything my previous company did or offer a like-for-like alternative (this applied to things like pensions, healthcare etc).
I will read it in the morning, it has been a long day.
No, you are misinformed. It is conventional in agreed termination settlements for the employer to pay a nominal amount towards the employee's legal costs. There is no legal obligation on an employer to do this, absent a court or (rare) tribunal order for costs following litigation.
Bloke in Pub advice will not do on TUPE! If it matters to you, seek informed and insured advice.
Bloke in Pub advice will not do on TUPE! If it matters to you, seek informed and insured advice.
Hi all
Thanks for your help and advice.
I had a meeting with my boss first thing this morning, who said that I was being totally unreasonable and I should accept the increase.
I explained to him that under Tupe all of my terms and rights must be carried over.
He came back a couple of hours later, after meeting with the new company directors. It turns out that their employment advisors told them that in no circumstances (without our agreement) could they change our terms and what they had done so far was illegal.
He has apologised profusely, and said they are going to come up with the new options in a couple of weeks.
Hopefully we will all end up in agreement
Thanks for your help and advice.
I had a meeting with my boss first thing this morning, who said that I was being totally unreasonable and I should accept the increase.
I explained to him that under Tupe all of my terms and rights must be carried over.
He came back a couple of hours later, after meeting with the new company directors. It turns out that their employment advisors told them that in no circumstances (without our agreement) could they change our terms and what they had done so far was illegal.
He has apologised profusely, and said they are going to come up with the new options in a couple of weeks.
Hopefully we will all end up in agreement
VXDunc said:
Hi all
Thanks for your help and advice.
I had a meeting with my boss first thing this morning, who said that I was being totally unreasonable and I should accept the increase.
I explained to him that under Tupe all of my terms and rights must be carried over.
He came back a couple of hours later, after meeting with the new company directors. It turns out that their employment advisors told them that in no circumstances (without our agreement) could they change our terms and what they had done so far was illegal.
He has apologised profusely, and said they are going to come up with the new options in a couple of weeks.
.
Hopefully we will all end up in agreement
And in meantime ,it might be worth shopping around to see if a Union can help if you join nowThanks for your help and advice.
I had a meeting with my boss first thing this morning, who said that I was being totally unreasonable and I should accept the increase.
I explained to him that under Tupe all of my terms and rights must be carried over.
He came back a couple of hours later, after meeting with the new company directors. It turns out that their employment advisors told them that in no circumstances (without our agreement) could they change our terms and what they had done so far was illegal.
He has apologised profusely, and said they are going to come up with the new options in a couple of weeks.
.
Hopefully we will all end up in agreement
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