Tupe affecting hours of work

crashedandcool

Hello. I am currently about to be TUPE'd. Our company held a service contract which half of it has been awarded to another company, who I will be moving to. They have told us nothing will change except the location of work(not an issue for or my colleague) and our terms and conditions will remain the same. However I am concerned if our shift patterns will be changed or disappear. All my colleagues going do the same job/position as me except.
1) I work completely different shifts hours to everyone else which is basically office hours while as the place is run 24/7 the rest of us work rotating shift patterns to cover a 7-7 dayshift. Can they change my working days and hours? In my letter of offer it states my hours in the wording of "we should expect your hours will be....etc. Shifts are subject to change."
2)My colleague works part time over part of the night shift. He is a Non-Eu national on probation who's work visa will expire in September. Most of the nightshift work is staying with the old company and basically two people will cover the 7-7 night shift plus him doing his part time shift. Thing is we feel there will not be enough work for him so are worried they will let him go. Can anyone advise what position he is in?

sangie595

crashedandcool wrote: »

Hello. I am currently about to be TUPE'd. Our company held a service contract which half of it has been awarded to another company, who I will be moving to. They have told us nothing will change except the location of work(not an issue for or my colleague) and our terms and conditions will remain the same. However I am concerned if our shift patterns will be changed or disappear. All my colleagues going do the same job/position as me except.
1) I work completely different shifts hours to everyone else which is basically office hours while as the place is run 24/7 the rest of us work rotating shift patterns to cover a 7-7 dayshift. Can they change my working days and hours? In my letter of offer it states my hours in the wording of "we should expect your hours will be....etc. Shifts are subject to change."
2)My colleague works part time over part of the night shift. He is a Non-Eu national on probation who's work visa will expire in September. Most of the nightshift work is staying with the old company and basically two people will cover the 7-7 night shift plus him doing his part time shift. Thing is we feel there will not be enough work for him so are worried they will let him go. Can anyone advise what position he is in?

In relation to the first question, you have answered it yourself. Your contact days that shifts are subject to change, so yes, they could be changed. Even if this wasn't already in there, changing shift patterns to harmonise with normal working patterns in the new workplace would be possible. Is there a reason you don't work the shifts that others do? There may be sculpture insert other legislation to try to retain these shifts if they suggest changing them.

If your colleague doesn't have his probation completed then he had under two years employment, one assumes? In which case he can be dismissed for almost any reason. The work visa isn't relevant to this - he is still subject to the ordinary laws of employment.

crashedandcool

I don't feel my role is much difference to my colleagues except that it matches the office hours of the other business we speak to. I think they just wanted extra staff at the time to be honest.