employers breached TUPE act
Discussion
Right, as it says in the title, our employers are ripping us off, our pay rise has been rescinded which was awarded to us by our previous company and I did receive this on my payslip before we TUPE'd across and the reason for rescinding is they said they found a loophole, they've also decided to reduce our holiday pay from 9.4 hours to 8 hours flat, surely they can't do this, also our employer doesn't recognise my union, is there any way we can claw this back orget them investigated?
What is your union doing about this?
If your reps are useless then you need to go to the next level and get some legal advice from them (they should have some legal firm affiliated to them who are experts in this field. - Thompsons are what my lot use).
There is a procedure that can force a company to recognize a union but minimum numbers must be met and several votes must be taken (check out the gov's website for details).
+1 for acas.
If your reps are useless then you need to go to the next level and get some legal advice from them (they should have some legal firm affiliated to them who are experts in this field. - Thompsons are what my lot use).
There is a procedure that can force a company to recognize a union but minimum numbers must be met and several votes must be taken (check out the gov's website for details).
+1 for acas.
Having been through a couple of company mergers of I remember rightly they can change your contract but the cannot make it worse.
IE your company has 25 days holiday and the buy out company only has 23, they cannot make your entitlement 23, they have to honor your original 25.
Also be VERY careful if they ask ou to sign a new contract. I have always refused unless it is better or word for word the same but with just the new company name.
As others have said ACAS.
IE your company has 25 days holiday and the buy out company only has 23, they cannot make your entitlement 23, they have to honor your original 25.
Also be VERY careful if they ask ou to sign a new contract. I have always refused unless it is better or word for word the same but with just the new company name.
As others have said ACAS.
Having been through a couple of company mergers of I remember rightly they can change your contract but the cannot make it worse.
IE your company has 25 days holiday and the buy out company only has 23, they cannot make your entitlement 23, they have to honor your original 25.
Also be VERY careful if they ask ou to sign a new contract. I have always refused unless it is better or word for word the same but with just the new company name.
As others have said ACAS.
IE your company has 25 days holiday and the buy out company only has 23, they cannot make your entitlement 23, they have to honor your original 25.
Also be VERY careful if they ask ou to sign a new contract. I have always refused unless it is better or word for word the same but with just the new company name.
As others have said ACAS.
well when we were awarded the pay rise it came into effect OCT 2011 however that company lost the contract and our current company rescinded it because the current company have said that the terms of the pay rise were that it would only be given if the previous company had kept the contract which they didn't, but if I've received this then this is an illegal deduction. I'll go through acas and hopefully claw it all back.
meggysaurus said:
well when we were awarded the pay rise it came into effect OCT 2011 however that company lost the contract and our current company rescinded it because the current company have said that the terms of the pay rise were that it would only be given if the previous company had kept the contract which they didn't, but if I've received this then this is an illegal deduction. I'll go through acas and hopefully claw it all back.
Well it depends on what your contract says and what the terms were, the fact that you were paid it does not in itself mean that it has to be retained although it does point that way.ACAS in this context is purely a source of advice, if you want to 'claw it back' you will need to go to tribunal, assuming that the company doesn't accept whatever arguments you put to them.
Well our T's and C's are supposed to be the same as what our previous contract was and are supposed to honour it. They have in my view, completely disregarded it, I advised my guys not to sign anything from the current employers as I was advised by my union rep, they try every which way to screw you over, thank god contracts up in october
Just to briefly reiterate whereiam's point. To sensibly answer your query, a little more detail may be requred. My (albeit limited) understanding of TUPE is that there is a period of protection regarding you previous terms of service post transfer. That is unless you sign a new contract at the point of transfer you will continue to be employed based on the terms and stipulations of your previous contract. This will continue for a defined period, ( one year, two years etc). My understanding is that this gives transferring employees the reassurance and security that once transfered they will not be subject to onerous conditions imposed by the new employer. At least not for a defined period.
I assume that your transfer was relatively recent. So the questions I would be asking your union ( as you subscribe for exactly this kind of advice) are:
What is the period of protection that you have negotiated with my new employer?
Can you explain the terms of my transfer and how this will impact negotiations in any future contracts?
Given your understanding of the TUPE process and your understanding of the process that has just been undertaken was there any indication that these measures would be taken post transfer ( measures ie changes should have been highlighted to any transferring employees). - if yes this gives rise to the supplemental question about how these changes were communicated to you...
How will you support me in the negotiations of future contracts?
What action will you take to support me in communications with my new employer to resolve this issue?
I caveat this by saying I am not a legal / HR expert. ( so my comments may need to be tested, the PH hive brain will no doubt do this), I am writing based on the brief information you have given. ( the detail of the change is of course important, however it is worthwhile understanding if the process that you and your colleagues have just gone through had highlighted the possibility of the change).
To summarise one of the purposes of union membership is to ensure that appropriate advice is given to members at times like this. Your union should be able to give you support, and guide you through the issues that you encounter, including the period leading up to and the period post a TUPE process.
I hope that this helps, (I was trying to help). I hope that this resolves itself soon .
Mike
I assume that your transfer was relatively recent. So the questions I would be asking your union ( as you subscribe for exactly this kind of advice) are:
What is the period of protection that you have negotiated with my new employer?
Can you explain the terms of my transfer and how this will impact negotiations in any future contracts?
Given your understanding of the TUPE process and your understanding of the process that has just been undertaken was there any indication that these measures would be taken post transfer ( measures ie changes should have been highlighted to any transferring employees). - if yes this gives rise to the supplemental question about how these changes were communicated to you...
How will you support me in the negotiations of future contracts?
What action will you take to support me in communications with my new employer to resolve this issue?
I caveat this by saying I am not a legal / HR expert. ( so my comments may need to be tested, the PH hive brain will no doubt do this), I am writing based on the brief information you have given. ( the detail of the change is of course important, however it is worthwhile understanding if the process that you and your colleagues have just gone through had highlighted the possibility of the change).
To summarise one of the purposes of union membership is to ensure that appropriate advice is given to members at times like this. Your union should be able to give you support, and guide you through the issues that you encounter, including the period leading up to and the period post a TUPE process.
I hope that this helps, (I was trying to help). I hope that this resolves itself soon .
Mike
There is no 'period of protection' following a TUPE transfer. The law states that existing contracts must continue unless there is a specific type of business reason why that cannot happen. Certainly, they cannot withdraw your pay rise once you have been notified of it, or reduce your holiday entitlement, in the way you describe.
You should not sign anything and raise a grievance under their formal procedure, where your Union rep (if he/she is part of an Independent Trade Union, although not recognised, will be able to represent you.
You should not sign anything and raise a grievance under their formal procedure, where your Union rep (if he/she is part of an Independent Trade Union, although not recognised, will be able to represent you.
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