TUPE Advice

GeckoTatts

My partner is being TUPE'd from 1 company to another. He has worked continuously on a 6 on 2 off rota for 8yrs with the original company. His contract when he joined the company stated 4 on 4 off basis, and his written contract has never been updated to his actual working hours.

Now he faces being TUPE'd accross to new company but only on his original contract of 4 on 4 off.

How can he address this issue? Should it be with new company or old? (The transfer happens at the end of January 2014).

Also, he had heard (gossip) that his current employer has not disclosed his correct hourly rate to the new employer, does he have a right to ask current employer for details of what they have given to new employer about him? If so, how should he go about this, and also, if there is a discrepancy, how can he get it rectified before the TUPE at the end of the month?

I would be grateful for any advice given please. Thanks.

stef73

I have been TUPEd twice, has your husband not had any meetings with his current employer and his new employer? . I have always had one with my current employer as group and then 1-1 and the same with new employer, the quetions raised by yourself above would all be answered in these meetings. The incorrect wage rate rumour does he have payslips showing the correct rate? If so take them along to any meetings and ask about the rumours.

Southend1

Is he a union member?

GeckoTatts

Thanks for your reply. He's has 1 meeting with current employer and 1 mtg with a rep frm new company. The 2 involved have now emailed the new company so waiting for a reply on wages and hours of work. I just wondered if anyone had had similar experiences, if so, how to resolve it, so thanks for your advice.

GeckoTatts

Reply to Southend1

Thank you for your Reply.
Yes he is a member of unite, they are trying to get a mtg with directors to get their original contracts updated, but this has to be done by 17th January or they just get tupe'd accross on current contracts at end of this month. Time is running out!