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Tupe holiday entitlement
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# 1
sudored
Old 07-02-2013, 11:15 AM
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Default Tupe holiday entitlement

Hi our contracts are being transferred to a new place of work soon, at this new place the people there are entitled to 6 weeks holiday, at the place i am at now when you have worked there over 12 years we get 9 weeks holiday plus bank holidays this is in my contract. (i have worked there over 12 years)
now i know they have to take on our contracts but they have said after time we will have to move to there contracts, will they be able to change my holiday entitlement to just 6 weeks against my wishes??
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# 2
KiKi
Old 07-02-2013, 12:28 PM
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Quote:
Originally Posted by sudored View Post
Hi our contracts are being transferred to a new place of work soon, at this new place the people there are entitled to 6 weeks holiday, at the place i am at now when you have worked there over 12 years we get 9 weeks holiday plus bank holidays this is in my contract. (i have worked there over 12 years)
now i know they have to take on our contracts but they have said after time we will have to move to there contracts, will they be able to change my holiday entitlement to just 6 weeks against my wishes??
Hi there

TUPE protects you at the point of transfer, and you wouldn't anticipate immediate changes, or within the first couple of months. However, if an employer has a good reason to change contracts (and harmonisation of T&Cs would be a good reason) they are able to do so, with reasonable notice. ('Reasonable' isn't defined within the law, but perhaps you're talking a couple of months here.)

So, yes, they can change your contracts further down the line - one employment solicitor on here used to say that after three months post-TUPE you might expect a company to start considering changes.

But they should give proper notice. And if you are a trades unionised company they may consult with your TUs or staff reps if you have them.

You can challenge, or protest the contract, but you'd then have to take action against the company. So you may want to consider trying to negotiate with the company if you can, as and when it may happen.

HTH
KiKi
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# 3
sudored
Old 07-02-2013, 7:27 PM
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Quote:
Originally Posted by KiKi View Post
Hi there

TUPE protects you at the point of transfer, and you wouldn't anticipate immediate changes, or within the first couple of months. However, if an employer has a good reason to change contracts (and harmonisation of T&Cs would be a good reason) they are able to do so, with reasonable notice. ('Reasonable' isn't defined within the law, but perhaps you're talking a couple of months here.)

So, yes, they can change your contracts further down the line - one employment solicitor on here used to say that after three months post-TUPE you might expect a company to start considering changes.

But they should give proper notice. And if you are a trades unionised company they may consult with your TUs or staff reps if you have them.

You can challenge, or protest the contract, but you'd then have to take action against the company. So you may want to consider trying to negotiate with the company if you can, as and when it may happen.

HTH
KiKi
Thank you for your reply
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# 4
KiKi
Old 07-02-2013, 7:36 PM
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Sorry. I know that's probably not what you wanted to hear. Take heart - I can't think of one company that gives 9 weeks holiday in a year, so you've had it very good!
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# 5
sudored
Old 07-02-2013, 7:50 PM
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Sorry. I know that's probably not what you wanted to hear. Take heart - I can't think of one company that gives 9 weeks holiday in a year, so you've had it very good!
i had around 6 weeks holiday a year for the first 12 years i worked here, the 9 weeks was to reward loyal workers, its a care home and the turnover of staff we get is very high!
90 staff and only 13 have been there over the 12 years, the rest of the staff get just over 6 weeks. I guess you are right though 9 weeks is above the norm just have to accept it.

Last edited by sudored; 07-02-2013 at 7:53 PM.
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# 6
getmore4less
Old 07-02-2013, 8:02 PM
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6 weeks seems to good for the care industry.

Most that come on here wit hissues are statutory minimum only 5.6 weeks including bank holidays and often even these are an issue.

Were there not some cases where service based enhanced holidays had to be restricted under age discrimination.

one for those that track this stuff for a living
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# 7
LittleVoice
Old 07-02-2013, 8:03 PM
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Protection from changes is retained for much longer than a month if the change is a result of the transfer. I think it could be argued that "harmonisation" would be as a result of the transfer.
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# 8
sudored
Old 07-02-2013, 8:08 PM
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The home we work in is being closed down then knocked down, all staff and resident are being moved to a new home owned by a different company.
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# 9
Poppy9
Old 07-02-2013, 8:13 PM
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I know staff I used to work with were TUPE from a public sector employer to the private sector and 4 years on remain on their current T&C. Therefore they have had no payrise for 4 years while the private sector's non TUPE staff have enjoyed pay awards and bonuses. They retained their PS pension though.
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# 10
KiKi
Old 07-02-2013, 8:22 PM
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Quote:
Originally Posted by LittleVoice View Post
Protection from changes is retained for much longer than a month if the change is a result of the transfer. I think it could be argued that "harmonisation" would be as a result of the transfer.
LV, could they claim that they can't afford an additional 3 weeks holiday for x number of staff, and push it through on economic reasons?

OOI, how long would protection last if changes are a result of the transfer, is there a specific time frame in law?
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