TUPE and redundancy, my rights

had_to_think_of_a_name

Hi, 1st post here
Got told last week that the place i work for is being took over by some other company (been given notice) there is 3 of us that work at our work but got told that there is only jobs for 1 possibly 2 so there is a redundancy in line for one of us, had my consultation the other day and my one on one yesterday, but place we are moving to isnt actually big enough for what we do the company thats taken over has said that another place will be available in a few months and we will be moving in then, also been there just under 4 yrs and never seen a contract of employment, even though i have asked on numerous occasions when had the consultation the new employer stated that we worked 40 hours when we actually work 42.5 a week, we work nights but there may be a job going on days so would this be at same rate as the night rate as they are paying us the same rate as we are getting now and are TUPEly obliged to

Would just like to know what rights i would have against a grievance or anything like that any help or guidance would be appreciated TY

anamenottaken

had_to_think_of_a_name wrote: »

Hi, 1st post here

Got told last week that the place i work for is being took over by some other company (been given notice)

there is 3 of us that work at our work but got told that there is only jobs for 1 possibly 2

so there is a redundancy in line for one of us,

had my consultation the other day and my one on one yesterday, but place we are moving to isnt actually big enough for what we do

the company thats taken over has said that another place will be available in a few months and we will be moving in then,

also been there just under 4 yrs and never seen a contract of employment, even though i have asked on numerous occasions

when had the consultation the new employer stated that we worked 40 hours when we actually work 42.5 a week,

we work nights but there may be a job going on days

so would this be at same rate as the night rate as they are paying us the same rate as we are getting now and are TUPEly obliged to

Would just like to know what rights i would have against a grievance or anything like that

any help or guidance would be appreciated TY

If you are transferred to a dayshift I would expect the hourly rate to be less than your current nightshift rate. If you were working days in your current employment would you be paid less?

I notice the difference of 2.5 hours a week. Does your payslip show that you are paid for those hours? Do you get a half-hour rest break in your shift?

BobQ

had_to_think_of_a_name wrote: »

Hi, 1st post here
Got told last week that the place i work for is being took over by some other company (been given notice) there is 3 of us that work at our work but got told that there is only jobs for 1 possibly 2 so there is a redundancy in line for one of us, had my consultation the other day and my one on one yesterday, but place we are moving to isnt actually big enough for what we do the company thats taken over has said that another place will be available in a few months and we will be moving in then, also been there just under 4 yrs and never seen a contract of employment, even though i have asked on numerous occasions when had the consultation the new employer stated that we worked 40 hours when we actually work 42.5 a week, we work nights but there may be a job going on days so would this be at same rate as the night rate as they are paying us the same rate as we are getting now and are TUPEly obliged to

Would just like to know what rights i would have against a grievance or anything like that any help or guidance would be appreciated TY

Have a look at www.direct.gov.uk under employment and it will explain the concept of a contract of employment and your rights. That said enforcing your rights in the real world is very difficult, may need legal help or the support of a trade union.

You are entitled to see the terms of employment in writing but not necessarily in a personal contract (it could be verbal). You are legally entitled to have these terms in writing.

In practice, if your firm change your terms without your agreement you either accept it (even if you do this by carrying on working for them) or reject them in which case legal action may be needed to assert your rights. The law does provide some protections but a lot depends of whether you have a good employer who wants to obey the law or one who could not care less.

Whether they can change your shift patterns is down to the agreed terms and conditions which you appear not to have been given.

If you are being TUPEd to the new employer the principles are explained on the above website http://www.direct.gov.uk/en/Employment/Employees/BusinessTransfersandtakeovers/index.htm

TUPE does not stop them making one of you redundant, it just adds protection. The new employer is obliged to pay redundancy based on your service with the previous company and cannot select you for redundancy purely because you were TUPEd. They can change your terms (eg hours) on transfer but only with your agreement.

One of the things to be careful about with some employers is they may not tell the new employer everything. Legally they are obliged to disclose the full obligations (and face penaltiies for not doing so) but some do not.