TUPE and Pay rise

sovereign

Hi all,

I wanted to pick your brains on the issue of TUPE and a salary review. We as a company employee's were TUPED across from our previous organisation in January and all our terms and conditions were kept the same. In my contract it states that I will have a salary review in September. As all contracts state a salary review does not mean a rise.

Now the new company have told us that we are not going to have a salary review or rise as we have only been with the company for 9 months and we would get the review next January when we have completed 12 months. Is this allowed as with the previous company it was always reviewed in September and then we would get a rise accordingly? Should I bring this up with the possibilty of them complying with a salary review but not giving me a rise? Is there any course of action that I as an employee can take to make sure they adhere?

Please help me as I think it is grossly unfair the firm is doing this.

Mudd14

It was only a policy so I dont think you would have much chance in making them comply, you could suggest that it is carried out in Septemeber as per your previous companies policies, they may do it but simple say you are not entitled to a rise and therefore have to wait until next september, where as in January they more be more forthcoming? You really have to decide is it worth pushing for the sake of 3/4 months and creating some unrest?

They could just change the policy to fall in line with their companies, this wouldnt be a fundemental change of your contract and I am sure they could show it was needed to fall inline with their organisational structure/proceedures.

sovereign

It was actually part of my contract but I do take your point and this is the dilemma I am in. DOes this not go against what TUPE is?

CFC

What Mudd says..... they could always take the view that ok you'll get a review but the results will be no pay rise, whereas in Jan they may cough up....it doesn't really go against TUPE because you do not have a contractual right to a pay rise itself, just a review. You could force the issue but you will likely be no better off.

MyRubyRed

sovereign wrote: »

Hi all,

I wanted to pick your brains on the issue of TUPE and a salary review. We as a company employee's were TUPED across from our previous organisation in January and all our terms and conditions were kept the same. In my contract it states that I will have a salary review in September. As all contracts state a salary review does not mean a rise.

Now the new company have told us that we are not going to have a salary review or rise as we have only been with the company for 9 months and we would get the review next January when we have completed 12 months. Is this allowed as with the previous company it was always reviewed in September and then we would get a rise accordingly? Should I bring this up with the possibilty of them complying with a salary review but not giving me a rise? Is there any course of action that I as an employee can take to make sure they adhere?

Please help me as I think it is grossly unfair the firm is doing this.

When did you start work with the previous company?

sovereign

Been with the last company for 3 years.

getmore4less

Waste of time

The employer just puts in another review date so you get 2 reviews one in Sept and one in Jan

Guess which one might have a pay rise.

highguyuk

getmore4less wrote: »

Guess which one might have a pay rise.

Neither!

There is not one point in pushing for your pay review in September - but for a reason that hasn't been mentioned.

It is a pay review, not a pay rise. They can simply review your pay and decide it's fine and that there is no pay rise forthcoming. It is something I had at my old company (big company, 13k+ employees) for about 18 months. First pay review was postponed and then the next 2 were carried out but there was no rise.

So if you did push, it could all be for nothing.