Advice please..

chatty123

A relative has asked me to post this query on his behalf in the hope some one could offer advice for him. right here goes will try and explain the best I can


This chap has worked at the same place for over 30 years and for the last 20 of these years he has done an extra job with them as overtime for 6 months of the year every year, amounting to an average £3,500 per year..
Now his dept is being moved to another depot and being taken over by the govt PFI ... his service with the exsisting company will be transferred to the new PFI and will continue as will his terms and wages ( so they say??) for the next 4 years. All apart from the regular 6 monthly overtime. They ( the union) have asked for compensation for the loss of that extra as he has been doing it for so long and it was guaranteed overtime, but they are saying no, because they say it's not contractual..
What he is wondering is are they obliged to offer anything as he presumed because he was told verbally all those years ago he was guaranteed this overtime and because of the length of time he has been doing it, that he would be.

hope i've explained it so that you can understand his predicament without naming companies..
P S I had better add that the exsisting company will still be trading it is just his dept being transferred

thanks all

chatty123

anyone ???????

Magnolia

As he has been doing the extra for 20 years doesn't that constitute existing practice

chatty123

Magnolia wrote: »

As he has been doing the extra for 20 years doesn't that constitute existing practice

thanks for the reply. he says is there such a thing cos if so thats what he was looking for

-BA-

My understanding would be similar to this. Because it is such a long standing arrangement the very time frame it covers could be enough to drive it home as binding. I would recommend seeking guidance from ACAS however.

www.acas.org.uk

ohreally

chatty123 wrote: »

They ( the union) have asked for compensation for the loss of that extra as he has been doing it for so long and it was guaranteed overtime, but they are saying no, because they say it's not contractual..

The union are on the right track, it's an implied term and as such he may be entitled to pursue a claim through an ET.Time is of the essence and he can't sit back if he decides on this option.

chatty123

Thank you all. I have passed on these replies and he will look on acas and now may seek further from citizens advice while waiting for the union to get a date for the next meeting.