TUPE & changes to working hours

7Spoons3

When the company I worked for was taken over by my new employer I was TUPEd across. For the last 2.5 years, anyone who was TUPEd across has been contracted to work 37 hours a week while anybody who worked for the company that took us over or who has joined in the last 2.5 years has been contracted to work 40 hours per week. There now appear to be plans to align everyone's working hours, benefits & terms & conditions. When I asked weither the principle that was being applied was that nobody would be any worse off, I was told that it would be the minority moving to the majority (ie my contracted working hours will go up to 40 hours per week). Does anybody know whether they can do this to people who have been TUPEd across? Whether they can make me sign a new contract? Whether I should be looking to be compensated for the increased hours? And, if so, whether I should be looking for a one-off payment or a increased salary?

Hope that somebody can help!

DCodd

Your employer can change the terms of the tupe transfer for economic or technical reasons but they do have to prove this!

they also have to abide by the regulation regarding the changes of T&C's of a contract. see link. if in doubt try calling ACAS and ask for advice.

http://www.direct.gov.uk/en/Employment/Employees/EmploymentContractsAndConditions/DG_10028079

7Spoons3

Thanks. ACAS were pretty helpful. Basically it sounds like 'organisational' is enough of a reason to increase our hours & align them with the majority but they have to go through a proper consultation process & give a satisfactory explanation as to why they want/need to make these changes. I asked about compensation & while there is no requirement for them to compensate us for these increased hours, it is something that they suggested I pushed for via our Employee Forum in order to make the change a bit more palatable to those effected.

getmore4less

If on an annual salary I would be pushing for an increase in salary of pay*40/37 for those moving from 37hr to 40hr.

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