i have a case against my tupe?

tay14

i have been with the new company for around 4 weeks and i have possibly sorted a new job out and was wondering if i have a case to claim against them after i take the new job as they have changed a number of things already.

1= the place of work has moved from around 20 miles away to 60 miles away.(i have no mobility clause in my contract)

2= they have changed my working times from
7.00 till 5.30 to 8.00 till 6.00.

3= i have been there 4 weeks and every week my wage gets less and less.At the moment they owe me around £300.all they say is that it will be on next week but it never is and they miss a bit more off every week.(this is the same for the other two who have also been tupe)

4= the workshop is a death trap.

5= i was tupe while on the sick ,told on monday i was been tupe phone call on weds to say i work for the new firm.

6= the new firm didn't take over any contracts or sites they just bought some plant equipment.(around 10% of the old firms stock)

any help would be great cheers.

Emmzi

you'll have no claim at all unless you exhaust internal procedures by lodging grievances. They won't be resolved before you take the new job, I reckon.

What are you trying to get out of this?

snowcat53

tay14 wrote: »

5= i was tupe while on the sick ,told on monday i was been tupe phone call on weds to say i work for the new firm.
.

There are a lot of points there, some more relevant than others (eg 'the workshop is a deathtrap' is a very separate issue to TUPE). I'll just kick off by saying that undergoing a TUPE transfer is supposed to involve a formal process of information and consultation, and I dont think can be done as you describe it.
Did you have a formal employment contract with the old firm?
What did you get in writing and when?

Emmzi

is OP deemed to have accepted this transfer by turning up for work though at the new place? Can he actually appeal after the event if he hasn't complained at any time before?

tay14

Emmzi wrote: »

you'll have no claim at all unless you exhaust internal procedures by lodging grievances. They won't be resolved before you take the new job, I reckon.

What are you trying to get out of this?

I'am not sure what I'am going to get out of this I was just wondering if I had a case.After checking on the net I' am going to put a
Letter of grievance in on Monday listing all my points and see what happens. if the new job want me to start before all this gets sorted then I will take the better job and forget about I was just wondering what the proper procedure was.

Emmzi

It's quite a complicated area of the law and without a full timeline of events it'd be hard to ay if you had a case for.. well, I am not sure what your case would be for!

Also if you don't have a new job to go to I'd be wary of submitting a giant grievance list and getting labelled as the troublemaker so think about it carefully ok?

tay14

snowcat53 wrote: »

There are a lot of points there, some more relevant than others (eg 'the workshop is a deathtrap' is a very separate issue to TUPE). I'll just kick off by saying that undergoing a TUPE transfer is supposed to involve a formal process of information and consultation, and I dont think can be done as you describe it.
Did you have a formal employment contract with the old firm?
What did you get in writing and when?

Yes I had a formal contract and the only thing I got in writing was a letter around 2 weeks ago from my old employer saying " in response to are meetings on the" and 3 dates are mentioned you now work for the new firm I did not attend any of the meetings due to a broken leg.

tay14

Emmzi wrote: »

It's quite a complicated area of the law and without a full timeline of events it'd be hard to ay if you had a case for.. well, I am not sure what your case would be for!

Also if you don't have a new job to go to I'd be wary of submitting a giant grievance list and getting labelled as the troublemaker so think about it carefully ok?

I now what you mean it's very tricky. Do I start all this then if the new job falls through I am stuck there or just forget it and hope the new job starts or I find I different job. The thing is I was with the own firm around 13 years and was on very good money so I would have been due a lot of reduncey.

Emmzi

do you have home insurance? if you do, check if you have legal cover on it. (I am assuming you are not a member of a union?)

snowcat53

TUPE is about protection of your employment and should mean that terms and conditons of employment remain the same (within limits) but you should have had some sort of formal letter explaining if there were to be any changes ('termed 'measures') eg base, hours.

As I understand it (and i make no claim to be a legal expert but have gone through this) if someone believes in advance that their t&c are going to be substantially worsened they can deem themselves dismissed and make a claim for unfair dismissal. This seems unlikely to be open to you as you have started work for the new employer. The other option is to now object to the changes made to your t&c but you need proper advice.
I suggest read one of the many guides to TUPE on the web. Unite have a good one www.unitetheunion.org/pdf/TUPE_guide09.pdf

If you are going to take this further you need specialist legal advice. As Emmzi says if you are not in a union check your household insurance policy for legal cover.

lambourne

Have you thought of joining a union - seems you should