TUPE rights

mgdavid

As you've already been told on the identical thread on the Pensions board, they are not 'your' pension payments. They are not 'contributions from your salary'. The money is never part of your salary so cannot be deducted from it.
Under Salary Sacrifice they are 100% payments made by your employer on your behalf. An important difference.
Even if your suspicions were true, what are you going to do about it - take them to court?
Generally in a TUPE situation it is better to spend one's spare time & effort in being prepared to change job when the axe falls, or perhaps ensuring one is better thought of than one's colleagues.

marlot

lisyloo wrote: »

Hi

Recently I went through a tupe consultation.
One of the items agreed was that there would be no detriment to our pension.
The company have now decided to make our pension payments 3 days later (22nd not 19th) which generally in investment terms is detriment.
Can anyone confirm what are my rights and what legislation should I refer to if gentler tactics do not succeed.

Thanks

Having been through TUPE myself, if your only concern is a three day delay to pension payments then I'd forget it - and focus more on establishing a positive reputation with your new employer.

Marcon

As someone has pointed out above, you've already banged on about this on the pensions board - and having looked at that thread, you've been given plenty of help and guidance, including why your imagined detriment is no such thing. Do calm down. TUPE regs have not been breached, nobody has flouted anything (and as for your comment about pay being made later - in your other thread you've said that has indeed happened but you weren't bothered).

lisyloo

ssparks2003 wrote: »

So how detrimental is these 3 day lag likely to be?

Apologies for the delay, we had a close family funeral.

I have asked the provider (hargreaves lansdown) for a calculation for the last 3 months. I do not have this yet.

After 10 years at an annual investment rate of 7% I expect 3% to be worth £143.83

lisyloo

I'm another one who doesn't understand where the detriment comes in.

In general invetsments are expected to go up.
Over any particular 3 days they could obviously go down or stay the same, but in general you'd expect there to be a loss paying later.

Surely over a period of time there would be an smoothing effect of the change of purchase date.

No, if you put your onvestments in later you'll have less time for your investments to grow.
If not - why pay into a pension when you are 25, why not invest it all when you are 65 ???

lisyloo

TUPE protection is not as strong as most people think.

Ok, but on the basis of general employee relationships, should be not have consulted about this? rather than moved the date with no consultation after publishing "there will be no detriment in any way"

lisyloo

antrobus wrote: »

But paying on the 22nd is in accordance with the law.

In april it arrived on 24th (22nd being a weekend).

lisyloo

Savvy_Sue wrote: »

given that the alternative is probably not having a job at all.

Thanks for your comment, but that's not the alternative for skilled people in London. The job market for skilled people is actually quite bouyant here.

Obviously one has to weigh up the overall pros and cons and not just have a knee jerk reaction at one relatively small thing.

Would you be bothered if your employer told you many times (we had about 500 questions during the TUPE consultation) that the pension would not change and did this without consulting you?

agrinnall

lisyloo wrote: »

After 10 years at an annual investment rate of 7% I expect 3% to be worth £143.83

How much time are you wasting worrying about a theoretical (and quite unlikely) £143.83? You do realise that comes out at less than £1.20 a month over the 10 years? Just buy one less coffee every 2 months and you'll be quids in.

lisyloo

mgdavid wrote: »

As you've already been told on the identical thread on the Pensions board

Thanks very much for your continued afforts. It's appreciated and I AM listening even if not always (quite rightly) taking everything from strangers at face value.

I have had no references or links despite requesting them.
Do you have a proper reference other than people I don't know saying so?

They are not 'contributions from your salary'. The money is never part of your salary so cannot be deducted from it.

My payslips and letters and importantly contract show otherwise.

Under Salary Sacrifice they are 100% payments made by your employer on your behalf. An important difference.

Can you show me where this difference is documented please, preferably wrt the pension regulations which mention 19th/22nd.
Otherwise all I can see is that this is a strangers interpretation.

BTW - HL have so far said the regulations apply. My employer has not said they don't apply at this point.

Even if your suspicions were true, what are you going to do about it - take them to court?

To answer you question assuming I was correct and assuming I didn't want a career there then reporting them to the pension regulator is an option. Only one I'd take after considerable advice/cosideration (and not based on interpretations from strangers who refuse to back it up). That is not my focus at all right now, but you asked the question so there is the answer.

More importantly to me is whether I want to consider working for an employer who doesn't consider honesty or consulting employees to be that important.

Generally in a TUPE situation it is better to spend one's spare time & effort in being prepared to change job when the axe falls, or perhaps ensuring one is better thought of than one's colleagues.

The transfer happened 1st Jan and redudancies ended 5th March, so we are past that stage, but yes I have worked hard at my career and not made any complaints.

Discussing privately my complaints does NOT mean I have been ar**y with my employer. I have not and this is purely discussing my thoughts privately BEFORE taking any action. Some people seem to have assumed that I have upset colleagues which is not true. The entire point of discussing things privately is NOT to get it wrong and get facts right and views in proportion.