TUPE Question - Change In Working Conditions

Graememk10 · 27 August 2015 at 9:21PM

Hi,

Soon I am due to change employer under the TUPE agreement. The problem I have is my new employer wants to reduce my hours.

I have always been contracted to 21 hours per week, but for the last two years have worked 29 hours per week. The shifts that I work have always been the same days and we work off a monthly rota.

Yesterday I was informed that I will have a new contract for 21 hours per week, but I will lose all the extra hours I have been doing.

The reason for my hours being reduced is to make way for another employee, so the company has more cover on other shifts.

I would like advice on how I can challenge this decision, so I can keep working 29 hours.

- Because I have been working 29 hours consistently for two years, does this give me grounds to dispute the change?
- Can a request a new contract that reflects my actual working hours for the last two years?
- If my hours are to be reduced, what notice should I be given?

Any help much appreciated.

zaax · 28 August 2015 at 11:26AM

They can't do that. Speak to your union or ACAS

Chris_M_3 · 29 August 2015 at 2:15PM

I agree that they can't, in general, do that but they may have sound business reasons to do so.

They can argue, 'the needs of the business', in this case which is, 'so the company has more cover on other shifts'.

Contact ACAS, but OP may find that the business comes first.

Graememk10 · 1 September 2015 at 11:30AM

Thanks for your help, I will contact ACAS.

ratechaser · 1 September 2015 at 1:24PM

Probably worth clarifying though that, whatever the 'needs of the business' for your new employer, TUPE rules means that you initially transfer to them on the same employment terms as you currently have.

So yes, once the transfer is completed, they can argue that their business needs mandate a change to your working hours, and presumably they could ultimately make your role redundant if there was no agreement reached on that. But they cannot force this change of conditions on you as part of the TUPE transfer.

Graememk10 · 1 September 2015 at 2:19PM

My transfer has gone through today to my new company. I have just found out that my boss isn't going to hire a new member of staff, but rather give my hours to a colleague. My colleagues were informed about this change two months ago, whilst I was only informed on Friday 28th August. I presume my boss left it late to tell me so I could not raise the issue with my old company. Is this discrimination? I'm not sure. I feel as though my boss is trying to get rid of me. I have now raised the issue with the HR Manger of my new company and will have a meeting with her this week. I hope it goes well.

getmore4less · 2 September 2015 at 7:57AM

How was the change from 21 to 29 hours implimented at you old place.

Was it formaly agreed or just happened.

Do you have any record of the change?

You will need to establish that your old contract was 29 hours and thats what you TUPE over with, a formal change even an email would be a change to contract, otherwise it would likley be a custom and practice change.

Does the old contract have any other terms that allow the modification of contractual hours?

you could look at the my contract is for 29hours so you need to pay me for 29hours even if you don't give me work I am ready willing and able to do those hours.

Graememk10 · 2 September 2015 at 11:12AM

getmore4less wrote: »

How was the change from 21 to 29 hours implimented at you old place.

Was it formaly agreed or just happened.

It was agreed in conversation and then the rotas were changed. These rotas have been used for more than two years now.

getmore4less wrote: »

Do you have any record of the change?

I have copies of every rota.

getmore4less wrote: »

Does the old contract have any other terms that allow the modification of contractual hours?

My contract states "Your basic working week is one of 21 hours with some flexibility to meet the needs of the service."

LuckyPenny · 11 September 2015 at 8:49PM

It doesn't matter what your contract says if this has been going on for 2 years it has become an 'implied' term of your contract. Your proof of this are the rotas and your payslips. They cannot change your contract without consulting with you and getting your agreement. Ultimately they could dismiss you and then re-issue a new contract. If they did this you could claim a breach of TUPE and of contract. ACAS are useful and free.

TUPE Question - Change In Working Conditions

Comments

Categories

Get our FREE Weekly email full of deals & guides - and it’s spam-free