Post TUPE resignation

bmw62

Following TUPE, I am in wk5 of working for a new company.
Basically the contract manager clearly dislikes all the staff he has "inherited".
I have been told I am paid more than any other employee in a similar role, and my role has changed dramatically in the few weeks since transfer. I have spoken to my union rep, who suggested I have a discussion with the manager to try to establish if this is just in the short term or whether it was for the long term. If it is the long term then I should raise a grievance.

I had the meeting last week, and the manager was vile to me. He suggested I had issues, suggested I had breached some of their policies and was basically not doing my job. This came from a man that has probably met me on less than 10 occasions and I have only had 1 conversation with!
Given my job is field based, I rarely see any colleagues, this all came as a huge shock and felt quite devastated!

Prior to TUPE I had a 1to1 with the incoming company, and was told my salary is higher than any other employee in a similar role.

I have not been back to work since my meeting last week, as I feel it is a witch hunt to make me leave. I also do not want to work for anyone so underhand and vile!

I have an appointment with my GP tomorrow, and hope to be signed off with work related stress. I am now job hunting and willing to leave my ft permanent job for a temporary job, just so I never have to face this dreadful man again!

I think I probably have grounds for a grievance, but to be honest I do not want to work for this company anymore given these circumstances - and post grievance I am not sure the situation would improve.

I am now updating my CV and tempted not to add this new company and to state my last employer as being the most current, and that the contract ended.

Would this be acceptable to new employers as I so do not want this vile man to be responsible for any references.

Sorry if this doesn't make sense but its all a bit of a muddle in my head!!

mozzie1

TUPE regulations are very precise in order to protect the employees being transferred over.

The new company has 4 weeks from the date of your transfer in which to supply to you in writing your terms and conditions of your employment.

Given you have been there 5 weeks, have they done this? If they have not they have breached TUPE legislation. If they have then they need to ensure they keep to those terms and conditions and should have pointed out any change to your previous contract.

They are supposed to honour all your previous salary arrangements, benefits, terms and conditions unless they can prove that a change has been made because of significant economic, technical or organisational reason. Really they should have to point this out to you...

They can however keep these pay/terms and conditions for a reasonable amount of time and then could change this. Do you feel, given they keep mentioning your pay, they would cut your salary in future?

Theyhave to prove a proper reason to do this... otherwise you could feel you had no option to leave and claim unfair dismissal.

To be honest, I think you need to ensure they are keeping to their side of the bargain.... after all they took the employees from the old company on so knew they had to follow TUPE regs.

I would talk to ACAS about how to proceed. They are fantastic with their advice and are experts on all this. Free service, just a chat on phone.

Also, regards looking for another job If you go down that route I would list this employer as latest but given that you have only worked there 5 weeks and they don't know you very well I would list references as your previous employer (your manager... speak to them to agree) and if anyone asks at interview you can reasonably state that the reason for this is that you TUPE'd over and you have only worked there a very short time. Most prospective employers would accept this. They may ask, however, why you are thinking of leaving after such a short time but I am sure you could come up with a good reason for that without damaging your employability.

Hope this helps and hope this is sorted for you soon. Must be very stressful.