Tote to Betfred

Rack_Failure

Hi
I wonder if anyone could give me some advice here? My neice who has worked for Tote for 10 years as shop manager, which has since been taken over by Betfred. There is strong talk that Betfred, who paid lower wages than Tote, are going to issue new contracts of employment and different conditions, ie lower hourly rate, longer hours, open xmas day etc.

My question is, can workers who have been tupe'd over be issued with new contracts, lower wages, different T & C after a year? Does tupe not protect workersT&C beyond one year? Is there a case for workers to be offered redundancy rather than just sign up a new contract with different T&C?

I'm unsure about tupe and would appreciate any advice.

mountainofdebt

I think when you get tuped over you can't be transferred to lesser terms - if that makes sense, although new entrants can be employed on the lesser terms.

Also as far as I'm aware you can't gamble on Christmas Day so the shops should be shut then.

Jarndyce

TUPE protects terms and conditions at the point of transfer, and prevents employers enforcing changes to contracts linked directly to the transfer. There is no specific time limit. At least that's the idea. In practice, if an employer wants to make changes they can and do generally get away with it - but not by simply cutting pay. Your niece needs to join her union.

Rack_Failure

Thanks for both replies.
I take it that it is only at the point of transfer, from one employer to another, following a take over, that tupe regs apply. In other words, your protected at point of transfer and that after a fews months or so the new employer can change your T&C to match those of the employers employees prior to take over?

Thanks again.

Jarndyce

No, they can't just reduce terms and conditions by harmonising downwards post-TUPE. That would almost certainly be seen as being linked to the transfer, whch is also unlawful.

They can only vary contracts for a genuine economic, technical or organisational reason or for a reason not linked to the transfer. Obviously the further away in time the transfer becomes, the easier it becomes for an employer to contrive a reason not linked to it.

crunchie_bar

Ex tote staff are been told that they have to sign a Betfred contract (which is inferior to the tote contract) or you will be given your notice.There is no way we are been allowed to stay on our tote contracts and we have been told we are not protected by tupe.
Tote consisted of 3 parts, totesport(betting shops), totepool(racecourse) and totecredit(phone betting).apparently 4 weeks before the takeover, unbeknown by staff, these 3 sections were disbanded and a company called Tote Successor formed.this Tote Succesor was the actual company bought by Betfred.this is the reason been given why employee's are not protected by tupe.
I would appreciate some feedback on this subject as it seems Tote employee's are been walked all over with no rights.