Signed new contract after TUPE what are my rights?

februarysgirl

I started work as a cleaner back in 2015 and everything was fabulous, it was actually the best job I've ever had. In August of last year, the cleaning company who took me on lost the contract to another company and our contracts were passed over to them as per TUPE. When the new management came round they brought various documents and booklets with them, including a contract to sign. My old company had said that my contract would remain the same and both my new area manager and her manager confirmed that at our first meeting. I just signed the contract with them without bothering to read it. I started looking for a new job a few months ago as at almost 43 I want to start thinking about my retirement provisions and 10 hours a week at NLW is no good for that. I was sorting through some paperwork and found my contract which upon reading, is NOT the same as the one from my original employer. The contract with my original employer was a no frills one week's notice for leaving. The one I signed with the new company when they took over, stated that it's one week's notice for the first year of employment with them after which it is dependant on length of service. There's also some weird clauses about agreeing not to take up another cleaning position,whether with another company or self-employed, in the same area as they operate after having left their employ. Does the original contract still stand or am I now bound to the new one?

robpw2

februarysgirl wrote: »

I started work as a cleaner back in 2015 and everything was fabulous, it was actually the best job I've ever had. In August of last year, the cleaning company who took me on lost the contract to another company and our contracts were passed over to them as per TUPE. When the new management came round they brought various documents and booklets with them, including a contract to sign. My old company had said that my contract would remain the same and both my new area manager and her manager confirmed that at our first meeting. I just signed the contract with them without bothering to read it. I started looking for a new job a few months ago as at almost 43 I want to start thinking about my retirement provisions and 10 hours a week at NLW is no good for that. I was sorting through some paperwork and found my contract which upon reading, is NOT the same as the one from my original employer. The contract with my original employer was a no frills one week's notice for leaving. The one I signed with the new company when they took over, stated that it's one week's notice for the first year of employment with them after which it is dependant on length of service. There's also some weird clauses about agreeing not to take up another cleaning position,whether with another company or self-employed, in the same area as they operate after having left their employ. Does the original contract still stand or am I now bound to the new one?

no the contract you signed is the one that your bound too

you signed it so it means you read and accepted the terms in it because it would be foolish to sign something without checking out the clauses first wouldnt it ....

I would suggest however that you talk to your employer about your options and see if they can allow you some leway in the non compete clause and get it in writing if they do

Ozzuk

I'm far from an expert, but my team sadly went through TUPE. They had the choice over which contract to take, carry old one over or take new contract. This should have been explained to you but it sounds like the company was lax, sadly as where you by signing something without checking.

I think they can insist on terms anyway if they have economic justification so it probably would have hit you at some point anyway.

ReadingTim

You're bound by the new one: signing it means you agree to it. I guess you'll remember to read stuff before you sign it next time?!?

A notice period which increases with length of service isn't unusual for some types of contract, nor is some sort of non-compete clause. However, they're probably more applicable to someone who runs a cleaning company rather than merely works as a cleaner - the new company has probably used a standard employment contract template and not bothered to remove the bits irrelevant to people at the level you're at.

Therefore, whatever it is you're worried about, it probably won't happen - you probably can give a week's notice, but you should note that your contract states you're supposed to give more, therefore can you come to a mutually acceptable arrangement with your employer relevant to the position you're in, despite what's written in the contract?!?

februarysgirl

robpw2 wrote: »

no the contract you signed is the one that your bound too

you signed it so it means you read and accepted the terms in it because it would be foolish to sign something without checking out the clauses first wouldnt it ....

I would suggest however that you talk to your employer about your options and see if they can allow you some leway in the non compete clause and get it in writing if they do

I had a feeling that would be the case, more fool me for taking people at their word. That being said, could they have refused to employ me had I not signed their contract?

As for talking to my employer, there would have to be someone who actually had a clue about anything. All was fine up until my area manager left in May but it has been chaos ever since. We've spent six months without a replacement and been passed from pillar to post, never knowing who we needed to contact for anything from one day to the next. There have been incorrect wages, cleaning supplies not replenished and equipment not repaired despite repeated requests, holiday cover not arranged and since April, they've been accepting payment for a Saturday cleaner that they have yet to supply :mad: Why on earth the customer is tolerating this I will never know. We finally got a new manager at the beginning of the month and I had hoped things would have improved but things have escalated from chaos, to BS. To be honest, if I hadn't already been looking for a new job, I would be now. He may not last long, the manager at the location where I work, is not happy with events over the last week and has declared the new guy a t**t and is intending to "tear him a new one". At this stage I'm giving serious consideration to leaving without another job to go to. If I'd wanted all this stress I'd have stayed in my well paid desk job

robpw2

februarysgirl wrote: »

I had a feeling that would be the case, more fool me for taking people at their word. That being said, could they have refused to employ me had I not signed their contract?

right so firstly they may not have continued your employment if you refused to sign but you would a) be aware of the changes and b) could have at the time agreed some variations if necessary - sadly you have signed it and its been enacted as your working.


i don't know what to say about the rest it seems like a bit of a difficult situation but you need to decide what your doing next,

chances are they may not invoke the non compete clause but its still a risk.

ReadingTim

februarysgirl wrote: »

At this stage I'm giving serious consideration to leaving without another job to go to. If I'd wanted all this stress I'd have stayed in my well paid desk job

So to go back to the notice period question, you started in 2015 but were TUPE'd in August 2016. Instead of giving a week's notice you have to give notice appropriate to someone who's been there for 2 years. Your contract will (or should) state what the rate of increase is, but I can't image it would be more than a week per year served.

So while it'll have been doubled, I can't image you'll have to give more than a fortnight's notice.