I am being sourced back to client company under TUPE

SBD90

Hi I am wondering if you can clear something up for me. I am currently in the process of being TUPE'd back over to the client after previously being outsourced to a contractor a few years back. Now I know that under TUPE your T&C's can't be made any worse in the first year. However is it possible if both the employer and employees agree to it that your T&C's be improved in the first year?
Thanks

getmore4less

No such rule,


employees can agree whatever terms they like.
They don't give away statutory rights.

SBD90

getmore4less wrote: »

No such rule,


employees can agree whatever terms they like.
They don't give away statutory rights.

Ok so that means there is nothing stopping us from negotiating a pay rise under TUPE.

One other thing I am curious about is, are the company we are moving over to lawfully able to bring in someone new replacing one of the guys that has just retired, therefore doing exactly the same job as us, but on a lot more money?

p00hsticks

SBD90 wrote: »

One other thing I am curious about is, are the company we are moving over to lawfully able to bring in someone new replacing one of the guys that has just retired, therefore doing exactly the same job as us, but on a lot more money?

Yes - just as your existing company could.

I think they'd only be on dodgy ground if you could show that they were paying him more / you less due to discrimination on grounds of a protected characteristic (religion, sex, sexual preference etc)