T.u.p.e

hastings123

Hi all, Im new here so any help would be great. I work as a security guard, and have been told a new company will be coming in to take the contract.

I understand under TUPE, the job will be safe. But as the conditions we work under may be different ie: We have opted out of the 48 hour week and work an average of 60. Could that change? I understand the new company only do a 48 hour week.

WHat else could they change to our working conditions? This is happening in a month or two. So trying all I can in regard to not getting worried. Cant afford to drop too much, but then its a job.

Many Thanks for any help......:A

Savvy_Sue

They can change your hours, but only with your agreement. If you don't agree, they would have to make you redundant, but your length of service would be that with your original company.

That at least is my understanding, and the ACAS site would probably help you too.

MrsManda

Are your hours guaranteed/in your contract, or is that that you work as and when is required and the reason you work on average 60 hours a week is because the work is there?
If the new contractor only runs a 48hour week then it may be that this falls under a change in employment T&Cs due to

economic, technical or organisational reasons

which is allowable under TUPE.
As SS said you should call ACAS for advice as they'll be able to give you more information about how TUPE works.

hastings123

Many Thanks for the posts. I have looked at my contract, it states if there is no work for me they pay me for 36 hours a week. I also believe that they cant change the hours without all of us saying yes. Thank you Savey Sue for that one. Its just the hours we work are 60 as the rotas are that way.

Will have to wait and see what happens when we are called in by new company. I will goto accas, as its been suggested. Dont think this will be a problem...... Hopefully :rotfl:

getmore4less

If you have had a rota to do 60hrs for a long time that could come under implied change of contact due to custom and practice.

Get copies of the rotas going back as far as you can in case this could be an option that you need to fight for.

What is on the pay slip, is it seperate hours or just 60 every week.

opting out,
regular pay,
regular rota.

would all point to a custom and practice 60hr regular week.