Rights after TUPE

vickk

My wife works part time (1 hr/night 5 days) She has recently been transferred under TUPE rule for the 2nd time this year. I understand that her length of service transfers with her which is 19 years. She has been with the new people for only a few weeks and today her manager who she has yet to meet phones her to say the were making changes to her hours from January. They are cutting her from 5 nights to 3 which hardly makes it worthwhile.

From their point of view she has 2 choices, do it or quit her job. I would have thought that such a significant reduction in hours it would make the new conditions significantly different to argue that she was in a redundancy situation.

What is the position and does she have any rights?

Googlewhacker

sorry but out of interest what does she do for 1 hour a night that makes it worthwhile going in at all?

SarEl

This almost certainly comes under ETO - the employer can make changes if there are economic, technical or organisational reasons. But if so she would be redundant - she should not resign!

FleetFanatic

I was under the impression they could make changes, but she would be deemed to be being made redundant if they were significantly inferior to her existing terms & conditions of contract & she was not willing to accept them.

vickk

Googlewhacker wrote: »

sorry but out of interest what does she do for 1 hour a night that makes it worthwhile going in at all?

She is a cleaner at a BS. She used to do 1.5 hours but this was reduced by the previous TUPE. As you say it is now not worth going out for what she would get. She just wants to walk away and her new boss is saying that she is not being made redundant they are just cutting back the hours.

SarEl

vickk wrote: »

She is a cleaner at a BS. She used to do 1.5 hours but this was reduced by the previous TUPE. As you say it is now not worth going out for what she would get. She just wants to walk away and her new boss is saying that she is not being made redundant they are just cutting back the hours.

No - I don't agree. This is a clear redundancy. TUPE does make that clear!

vickk

I have just read one of the letters they have sent her about the changes and one line in it says that where an individual has had their hours cut by more than 50% they will "consider" a redundancy request.

The inference being that all others will not be considered. I think they are just hoping some will walk away but if they insist she is not entitled to redundancy who could she turn to for help? Citizens advice maybe?

getmore4less

vickk wrote: »

I have just read one of the letters they have sent her about the changes and one line in it says that where an individual has had their hours cut by more than 50% they will "consider" a redundancy request.

The inference being that all others will not be considered. I think they are just hoping some will walk away but if they insist she is not entitled to redundancy who could she turn to for help? Citizens advice maybe?

Does the original contract have clauses that allow variations on hours or lay offs?

They may be trying to use the layoff laws to get round the redundancy since more than 1/2 pay does not count.

Now there may be a case since the original contract was for 1.5hours 5 days thats 7.5 hours so 3 is now is now less than 1/2 so redundacy could be requested. ( my guess is they might offer her 4 days ).

50% reduction would come under the layoff laws so "consider" in that case means accept(since they would have to) once it had gone on for 4weeks.

ACAS are the first place to call.