TUPE - now expected to sign new contract

ohreally

There is no time limit on the right to maintain terms and conditions of service under TUPE. Only changes due to the transfer are invalid. The more time that passes since the transfer, the more difficult it will be to show that the transfer is the reason for any contractual change. Over time, an employer can start to point to reasons unrelated to the transfer, for example, difficult economic conditions, to justify the change.

Basic “harmonisation” of terms to bring them into line with those of other employees will always be unlawful, regardless how much time has passed.

Bulldozed

Hi,

I had worked for Totesport for 15 years and yesterday was given a new contract by Betfred, my employment terms are being changed, for the Tote I was given 32 days holiday and now Betfred want to cut this to 28 days and no sick pay!!!!also the way they will pay our wages is to change. They want this signed within 2 weeks, what will happen if I don't sign? I thought all our terms and conditions were protected by TUPE? Can anyone advise please.

Pokey86

Hi, i'm also eager for more information on this subject. I'll give what i know & hope for a response. (I have 2 close relatives who work under totesport contracts, soon to be Betfred)

First of all this information is all in-shop chatter from various places, peter told paul who told john who told clive. That kind of thing.

• No shop employees will acquire Sick Pay. (Tote staff get it)
• Managers hourly wages will not change
• Holidays will change in some way. no info on it though.
• `Desputy Managers` will become `Assistant Managers` with a significant paycut. Chinese Whispers implies the paycut will be about 10%-12% but could be complete b******s (Current Deputy Manager Wage is dependant on Shop, between £7 - £9 apparently.)
• All employees will earn an attendance bonus, which is payed 2 times a year provided the employee has no sickness. Chinese Whispers sais this is between £250 - £400
• significant change to Pension Scheme.

that's pretty much all i know, & the sources are hardly reliable.

Can the change of a `Deputy Manager` to am `Assistant Manager` be grounds to reduce someones wages or make them Redundant? Even if they are the same thing?

SueC_2

Rack_Failure wrote: »

It seems TUPE means nothing if a new employer can ride roughshod over me and sack me (albeit with 12 weeks notice) if I refuse to sign a new contract. This is totally unfair or am I missing something?.

The bit you're missing is that, rightly or wrongly, there was nothing to prevent your former employer from acting in exactly the same way - expecting you to take a pay cut and sign a new contract.

rosepetal37

Pokey86 wrote: »

• No shop employees will acquire Sick Pay. (Tote staff get it)
• All employees will earn an attendance bonus, which is payed 2 times a year provided the employee has no sickness. Chinese Whispers sais this is between £250 - £400
• significant change to Pension Scheme

Just a couple of thoughts from me
No Statutory Sick Pay (SSP) - doesn't sound right to me?
As for pensions, then they are not usually contractually obliged to offer similar pension terms at transfer, but even in the same employement, they can do it I'm sure - e.g. closing down of final salary schemes

ohreally

rosepetal37 wrote: »

Just a couple of thoughts from me
No Statutory Sick Pay (SSP) - doesn't sound right to me?

Have I missed the reference to statutory sick pay somewhere?

LittleVoice

Pokey86 wrote: »

• All employees will earn an attendance bonus, which is payed 2 times a year provided the employee has no sickness. Chinese Whispers sais this is between £250 - £400

I thought this sort of thing could fall foul of disability discrimination legislation.

I'm not saying that all people with a disability have a less than perfect attendance record but that some disabilities can lead to the need to take time off work.

ohreally

LittleVoice wrote: »

I thought this sort of thing could fall foul of disability discrimination legislation.

EA 10 Sec 60 (1).

rosepetal37

ohreally wrote: »

Have I missed the reference to statutory sick pay somewhere?

Isn't SSP a right?
http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/Illorinjured/DG_10018786

If you're working for an employer under a contract of service (even if you've only just started and you have done some work), you're entitled to Statutory Sick Pay (SSP) if the following apply:

• you're sick for at least four days in a row (including weekends and bank holidays and days that you do not normally work)
• you have average weekly earnings of at least £107 a week

If not I'll shut up

ohreally

rosepetal37 wrote: »

Isn't SSP a right?
If not I'll shut up

The op informs of sick pay, which in the context of terms of service and TUPE, I understood to be of a contractual nature rather than statutory.