TUPE and increasing salary & holiday with years served

BabyBoots

I'm applying for a job where it's possible/probable that the employees will be transferred under TUPE to a new employer.

This job comes with an extra days' holiday allowance per year worked e.g. new person gets 23 days, person who's been there three years gets 26 days, up to 30 days.

The salary scale is also stated, with incremental rises.

If I were hired, then transferred as a new-ish employee to another employer under TUPE, would I be entitled to the incremental rises in salary and holiday after the TUPE transfer, or just the current terms when I transferred - e.g. sticking at 23 days and the bottom of the salary scale?

Brassedoff

When someone is TUPE'd they are moved across with the Terms nod Conditions in force on the day of transfer.

For employees who do transfer, their terms and conditions must be preserved. Even if the employee signs to say they agree to a change in terms and conditions, any detrimental changes to their terms and conditions are void. There is no time limit on how much time must pass before changes can be made, if the changes are because of the transfer, they are void no matter how much time has gone by since the transfer took place.

Terms and conditions can be changed as a result of a transfer if the reason for the change is for an “economic, technical or organisational reason requiring changes in the workforce.” A change in the workforce usually requires a reduction in employees so this is not an exception which is widely available to employers.

You however, are the fly in the oinkment as you have no contract, only the terms as laid out in the offer letter.

I would not suggest bringing it up in the interview or anywhere until your feet are under the table so to speak. Once you are working, ask to see the personnel, in a lot of cases where there's a sale, it is "cleaner" to have you already under contract

Does that help?

marlot

BabyBoots wrote: »

I'm applying for a job where it's possible/probable that the employees will be transferred under TUPE to a new employer.

This job comes with an extra days' holiday allowance per year worked e.g. new person gets 23 days, person who's been there three years gets 26 days, up to 30 days.

The salary scale is also stated, with incremental rises.

If I were hired, then transferred as a new-ish employee to another employer under TUPE, would I be entitled to the incremental rises in salary and holiday after the TUPE transfer, or just the current terms when I transferred - e.g. sticking at 23 days and the bottom of the salary scale?

Having been through TUPE, my advice would be to get the additional holiday etc recorded into your offer letter if possible (or into a side letter). I found that my new employer would honour these things, but only if I could produce a paper trail.

I missed out on 2.5 days holiday a year when I hit 10 years because I didn't have the paper trail.