TUPE and a new (unfair?) contract

satchef1

My girlfriend is being TUPEd, and I'm a bit concerned over the way the process is being handled. Everyone is being told they must sign a new contract or leave. I've had a cursory glance over the contract and a few things strike me as odd:

• All existing employees are being placed on probation.
• Unpaid overtime is mandatory (in an NLW rate job).
• Out of hours training sessions are mandatory, but not paid. Saturday's should be kept free of regular commitments to ensure attendance on courses. The employer "retains the right"(?) to withdraw the cost of the course from the employee's wages if they fail to attend(!).
• They must be able to travel to other branches to assist when they are short, but they wont be paid for travel time or expenses. The nearest branch is 55 miles away. My partner doesn't drive.
• Not part of the contract, but they've been told that as their holiday year is moving from Jan/December to April/March, any allowance not used by 1-4-17 will be voided. They were told this last week, and also told that this week and next week are fully booked.

I've asked her for a printed version of the contract so I can give it a thorough read, and also suggested she forwards a copy to UNISON and makes an appointment at the CAB. Essentially though, the problem is that she's more concerned with her job security than the unfair terms. The possibility of getting rid of people has, over the months since the takeover was announced, been used as a tool to get employees to work for free; "Come in for a few hours on Sunday to clean up. It'll reflect well on you if we need to lose staff". Needless to say, she's looking for another job. But until she finds one, she's reluctant to question anything. I'm not really sure what actin can be taken, having never been in this position myself.

TBagpuss

She needs to be aware that even if she doesn't sign the new contract, continuing to work may mean she is deemed to accept, so she may need to explicitly state that she does not agree to the changes to her contract.

The requirements to work unpaid overtime and attend courses out of hours would not be lawful if the effect of the extra time would be to take them under the NMW.

I would suggest that your girlfriend contacts the ACAS helpline for some advice. The changes may not be enforceable if they as solely as a esult of the trnasfer to the new company, but if the company can show a genuine business reason for the change then things are a littklediferent.

They cannot deduct the cost of coruses from her wages unless she explicitly conbsents so it's really important that she does not sign anything including that provision.

If she is an exisiting member of Unison (I assume she is, as you mention them) then she should speak to them, and if her collegues are members also they may be able t help negotiate as a group.)