Being TUPE'd and they are changing my hours?

TheSilverStag918

Hi, I am looking for some more specific information - My company has just been acquired by another and in the new contracts that we have received

- our working hours have changed from 37.5 to 40 hours a week (with no pay increase I might add)
- We have lost our birthday off as a free holiday each year
- We currently work under flexi hours, as long as we complete our weekly hours we can turn up at 1000 and leave at 1600. I have been told by the big boss that the flexi hours will remain but they are no longer written in our contracts.

And these are just the contract changes that I really care about! I might add that all three of the above are very heavily detailed in my current contract - they are not just executive discretion.

Just interested as to whether I should sign it or not.

Is this disputable as we as employees have made no such agreement.

w00519772

I was in the same position about two years ago. I believe you have two choices (though I am no expert):

1) Sign the contract
2) Find another job that meets your requirements for number of hours etc

If you are a member of a trade union then it may be worth talking to them.

getmore4less

Not signing is not enough, you have to activily refuse to work the new conditions or work under protest.

How many people involved, might be time for collective approach(this will be hard to protest as individuals) and insisting on consultation.

Get the union involved.

Are you sure this is a TUPE.

I-W

Are you sure this contract change is under the TUPE system? I was taken across a few years ago and we were informed that under the TUPE our T&Cs wouldn't change and weren't made to sign new contracts (although we did lose a bonus that wasn't written into our contracts). Sounds to me this is a post TUPE change the company are trying on. Do you have a union?

TheSilverStag918

I-W wrote: »

Are you sure this contract change is under the TUPE system? I was taken across a few years ago and we were informed that under the TUPE our T&Cs wouldn't change and weren't made to sign new contracts (although we did lose a bonus that wasn't written into our contracts). Sounds to me this is a post TUPE change the company are trying on. Do you have a union?

Well, was a limited company that has been purchased by another - so in the new year we will become employees of the new company. This is why we are being asked to sign new ones. I am very sure this is under TUPE.

I-W

phil5529 wrote: »

Well, was a limited company that has been purchased by another - so in the new year we will become employees of the new company. This is why we are being asked to sign new ones. I am very sure this is under TUPE.

Suggest you do a bit of research on this, looks like they are trying a fast on . Definitely go to union if you have one otherwise get as many colleagues together!as possible to fight this.

From the below link I found this "Following a transfer, employers often find they have employees with different terms and conditions working alongside each other and wish to change/harmonise terms and conditions. However, TUPE protects against change/harmonisation for an indefinite period".

http://m.acas.org.uk/index.aspx?articleid=1655

p00hsticks

phil5529 wrote: »

Well, was a limited company that has been purchased by another - so in the new year we will become employees of the new company. This is why we are being asked to sign new ones. I am very sure this is under TUPE.

So you've specifically been told by the company that TUPE applies ?

If the purchase has been achieved by the 'new ' limited company simply buying all the shares of the 'old' one then this isn't covered by TUPE

Lioness_Twinkletoes

My understanding is that under TUPE there isn’t a set period of time under which terms and conditions need to be protected. All rights and obligations under the existing contract of employment will transfer at the date of transfer, which includes all terms and conditions. However, terms and conditions can be changed for Economic,Technical and Organisational reasons (ETO) following the transfer by the new organisation. This cannot be prompted by the transfer itself but needs to be for a business reason.

Another_not_new_user

I-W wrote: »

Suggest you do a bit of research on this, looks like they are trying a fast on . Definitely go to union if you have one otherwise get as many colleagues together!as possible to fight this.

From the below link I found this "Following a transfer, employers often find they have employees with different terms and conditions working alongside each other and wish to change/harmonise terms and conditions. However, TUPE protects against change/harmonisation for an indefinite period".

http://m.acas.org.uk/index.aspx?articleid=1655

Unfortunately, in this case "indefinite" means "however long it takes the employer to make lawful changes" - which can be immediately under economic, technical or organisational grounds. Indefinte is as long (or as short) as a piece of string. Therefore the employee cannot depend on the law alone to protect them from change - even if they act collectively and are united in refusing any change in terms, as someone has pointed out, the employer MAY be able to win a tribunal claim by imposing the conditions and showing a tribunal evidence of ETO needs. If you are in a union, then get them involved. If not, be very careful, and stick together - if there are cracks in either your argument or your collective will, you will get nowhere.

theEnd

I've just been on the other side of TUPE. The rules are actually quite vague.

Under TUPE, you can't really change any of the employment terms, but away from TUPE, you can change things as normal.

In my example, we took over the contact from another company at the point at which the terms of the contract changed significantly. This meant that all the employees terms changed anyway and one was made redundant. As these were legitimate business reasons, rather than because of the transfer, this was fine.

Speak to ACAS. They're very good.

I-W

Another_not_new_user wrote: »

Unfortunately, in this case "indefinite" means "however long it takes the employer to make lawful changes" - which can be immediately under economic, technical or organisational grounds. Indefinte is as long (or as short) as a piece of string. Therefore the employee cannot depend on the law alone to protect them from change - even if they act collectively and are united in refusing any change in terms, as someone has pointed out, the employer MAY be able to win a tribunal claim by imposing the conditions and showing a tribunal evidence of ETO needs. If you are in a union, then get them involved. If not, be very careful, and stick together - if there are cracks in either your argument or your collective will, you will get nowhere.

Agreed there are ways for a business to get round this, however still think it's worth OP fighting this and forcing them to at least give evidence of reason for change that ACAS will find acceptable which they might struggle to come up with depending of the circumstances of the business. Better then just signing the new contracts and admitting defeat.