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TUPE'd from big company to small company....big problems

Chris_M_3
Chris_M_3 Posts: 102 Forumite
I worked for a global company and have been TUPE'd to a small family run business with less than 50 employees.

It's only been a week and there has been a catalogue of problems. Being disabled, my needs with the big company were catered for and I had faith in the massive HR department to help me in every way possible.

The small company have no disabled staff and have no disabled-friendly facilities on site, (although I have been based at the small site for a number of months under the big company and just had to lump it), initially there were no disabled parking spaces but the small company reluctantly put one in for me....and often it is abused by senior managers/and the company owner.

I spoke with the single person working in their HR department, and have requested disabled toilets be installed as there are none and for access to the building to be made easier and this was met with, 'we'll have to look into that', and with a roll-of-the-eyes kind of attitude, as that would mean spending money...something I feel that they don't want to do.

And to top it off, I've just been paid and they sent me my pay-slip as a pdf file in an unencrypted email attachment. So my private and confidential details have been sent all over the internet for all the world to see. The big company pay-slips were paper ones and I was not asked if I wanted a paper-free pay-slip.

I just feel that the small company just aren't geared up for me and although I don't want to leave my job, as finding another will be nigh-on impossible, but I feel that their behaviour is not something I can or should have to put up with.

If I leave, do I have grounds for constructive dismissal/discrimination under the Equality Act 2010??
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Comments

  • duchy
    duchy Posts: 19,511 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Xmas Saver!
    edited 25 May 2014 at 4:23AM
    I was thinking your demands were quite reasonable until you turned on drama lama mode with "for all the world to see"

    Ultimately if you can afford to leave and don't mind getting sanctioned -then do it if you are that unhappy. Plenty of us are working under "worse than before" conditions since being TUPE'ed -and we all have the same choices stay, find another job or leave before finding another job . You are a grown up and need to assess the consequences of all three options and then decide.
    Poor security in sending payslips definitely doesn't come under disability discrimination..... why would it ? Do they send your payslips in a different way because you are disabled ? They have provided a disabled parking space (NOT a space for YOU but a disabled facility btw) and in the same vein are considering your request that a disabled toilet is provided for all who need it in your work location so it isn't clear where the discrimination is. You apparently managed without either facility for several months without raising it as issues before the TUPE so any court would raised the question why suddenly these became an issue after the TUPE- if your needs changed or if you are just looking for difficulties because you didn't want to be TUPEed and if not why are they only issues now.

    I wouldn't bank on a nice payout based on the info you've given though .
    I Would Rather Climb A Mountain Than Crawl Into A Hole

    MSE Florida wedding .....no problem
  • buglawton
    buglawton Posts: 9,246 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    The payslip gripe is valid if is technically correct. What large companies do when switching from paper wage slips is have an internal email system that automatically keeps pay slips encrypted until the moment they are opened. I save mine to an encrypted usb stick on opening.

    Pay slips should never be send as unencrypted attachments through public email - Data Protection Act breach - and encrypting them is not hard to arrange.
  • makeyourdaddyproud
    makeyourdaddyproud Posts: 1,294 Forumite
    edited 25 May 2014 at 2:58PM
    Weren't these issues foretold before you agreed to be TUPE'd?

    If so, why are you complaining now?

    Smaller companies often don't have the resources to roll out the red carpet from their door to your desk - if you get my drift.
  • Takeaway_Addict
    Takeaway_Addict Posts: 6,538 Forumite
    Part of the Furniture 1,000 Posts
    edited 25 May 2014 at 4:50PM
    Weren't these issues foretold before you agreed to be TUPE'd?

    If so, why are you complaining now?

    Smaller companies often don't have the resources to roll out the red carpet from their door to your desk - if you get my drift.
    This, I find it astounding the OP is having a go at a smaller company, one week into their employment when they were with the wonderful larger company that did nothing on the same site.

    OP-You've been on this site for a few months, what do you do for the toilet requirements during that time?
    Don't trust a forum for advice. Get proper paid advice. Any advice given should always be checked
  • Carrot007
    Carrot007 Posts: 4,534 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    buglawton wrote: »
    The payslip gripe is valid if is technically correct. What large companies do when switching from paper wage slips is have an internal email system that automatically keeps pay slips encrypted until the moment they are opened. I save mine to an encrypted usb stick on opening.

    Pay slips should never be send as unencrypted attachments through public email - Data Protection Act breach - and encrypting them is not hard to arrange.

    As yet there is no confirmation that is was sent publicly. I would expect it to have been sent internally and have never been on the internet.

    However unless OP clarifys this point then we will never know.
  • Poppy9
    Poppy9 Posts: 18,833 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    How did you manage with access and toilets during the few months before you were tuped?
    :) ~Laugh and the world laughs with you, weep and you weep alone.~:)
  • Pricivius
    Pricivius Posts: 651 Forumite
    Ninth Anniversary 500 Posts
    The employer is obliged to make reasonable adjustments so that a disabled person is not at a substantial disadvantage than non-disabled colleagues. One consideration for reasonableness is cost - if the adjustments you need would cost a significant amount compared to the company's size and value, they may not be reasonable. There is case law on this point - the most recent I can recall being against the Foreign and Commonwealth Office regarding a deaf employee who needed a sign language interpreter to take up a post overseas. The cost was deemed unreasonable by the FCO and the Tribunal agreed - and that's considering the funds available to a government body.

    It's only been a few says since you asked about the loo, so they will need time to get some quotes for whatever changes will be needed to the building. Give them a chance and try working with them - if you see a future with the company, get on board and help them.
  • Maybe you could contact Access to Work for an assessment of needs within your workplace. The new employer may be able to receive some funding towards adjustments you need.
    From Starrystarrynight to Starrystarrynight1 and now I'm back...don't have a clue how!
  • maninthestreet
    maninthestreet Posts: 16,127 Forumite
    Part of the Furniture
    If the payslip was sent as an attachment to an email sent to your email address, how will anyone else be able to get access to it???
    "You were only supposed to blow the bl**dy doors off!!"
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