new contract? Takeover

Mimi_Arc_en_ciel

Hi,


Can someone help me please?


I've just received the new work contract after a company take over. previously, I worked part time over 3 days a week.


The new contract has given me additional hours - still PT but would mean an extra day in the office - there was a discussion with a manager about hours but it was a "in a few years when your children are older would you consider FT" and I made it quite clear that at the moment, I cannot do any more.


the other thing is, they've knocked my holiday allowance down by 4 days - are they allowed to do this?

Comms69

Mimi_Arc_en_ciel wrote: »

Hi,


Can someone help me please?


I've just received the new work contract after a company take over. previously, I worked part time over 3 days a week.


The new contract has given me additional hours - still PT but would mean an extra day in the office - there was a discussion with a manager about hours but it was a "in a few years when your children are older would you consider FT" and I made it quite clear that at the moment, I cannot do any more.


the other thing is, they've knocked my holiday allowance down by 4 days - are they allowed to do this?

What do you mean they've knocked your holidays down by 4 days? How much holiday do you get per year?

Undervalued

Mimi_Arc_en_ciel wrote: »

Hi,


Can someone help me please?


I've just received the new work contract after a company take over. previously, I worked part time over 3 days a week.


The new contract has given me additional hours - still PT but would mean an extra day in the office - there was a discussion with a manager about hours but it was a "in a few years when your children are older would you consider FT" and I made it quite clear that at the moment, I cannot do any more.


the other thing is, they've knocked my holiday allowance down by 4 days - are they allowed to do this?

They certainly can't reduce it below the statutory minimum which is 28 days for a full time employee, so pro rata in your case.

By the sound of it you have been getting significantly more than the statutory minimum holiday? The extra days could have any number of terms and conditions attached to them depending on your contract.

tacpot12

The takeover could be a "relevant transfer" as far as TUPE is concerned. TUPE is an abbreviation for the Transfer of Undertakings (Protection of Employment) Regulations 2006.

If it is, then your rights to holiday should remain unchanged, and no new contract of employment needed to be issued to you as you previous contract remains in force; just the name of the employer changes.

You should ask your employer whether the transfer of business was covered by TUPE, and if not, why not. Make a note of the reasons they give you and check them out, either here, at Citizens Advice or with an Employment Lawyer.

Regardless of whether the trasfer is covered by TUPE, the employer can't change your hours of work without your agreement, unless your contract of employment with the old employer allowed them to change your hours without your agreement (the contract needs to have a Variation clause in it). Ask your employer on what basis they can force you accept this change of contract. Make a note of their reasons and consult as above.

Don't sign the new contract and politely confirm that you will not be at work on days that your employer asks you to work that are in excess of your contractural agreement. It is reasonable for your employer to expect you to review their assertions that that they can make the change promptly, say within a week. so be prepared to act quickly.

Mimi_Arc_en_ciel

grr I wrote a reply and its just disappeared....


I was getting 19 days holiday. The HR lady said it would more than likely be dropped to "Around 15" days. It doesn't officially state how many days I am entitled to on the contract, just says that full time workers get 31 but mine will be reduced.


Hours - I cant do more hours at the moment, my youngest is 6 and at the moment my mother has her each morning I work for 45 minutes and twice a week for an hour in the evening. My mums already moaning about this and makes it quite clear she doesn't want my daughter but theres no childcare in the area that do school pick up from our school (I live in the middle of no where, small village) I've tried signing her up to after school clubs but they still finish before I get home and she can only do 1 club every other term so this still isn't a solution. If she was older I wouldn't mind upping the hours, but she isn't, she's 6.


Her dad doesn't have her during the week, he does have her during the holidays but even then I still need the 19 days to cover the school half terms.

Undervalued

Mimi_Arc_en_ciel wrote: »

I was getting 19 days holiday. The HR lady said it would more than likely be dropped to "Around 15" days. It doesn't officially state how many days I am entitled to on the contract, just says that full time workers get 31 but mine will be reduced.

As stated the statutory minimum is 28 for a full time employee.

However, it is unlawful to treat a part time employee less favourably simply because they are part time. So, providing you are doing exactly the same job then you should receive pro rata the same holiday.

It is of course possible that the full time person's extra days are because of, for example, length of service. If there is a formula like that then it too should apply pro rata to a pert time employee doing the exact same job.

Undervalued

Mimi_Arc_en_ciel wrote: »

Hours - I cant do more hours at the moment, my youngest is 6 and at the moment my mother has her each morning I work for 45 minutes and twice a week for an hour in the evening. My mums already moaning about this and makes it quite clear she doesn't want my daughter but theres no childcare in the area that do school pick up from our school (I live in the middle of no where, small village) I've tried signing her up to after school clubs but they still finish before I get home and she can only do 1 club every other term so this still isn't a solution. If she was older I wouldn't mind upping the hours, but she isn't, she's 6.


Her dad doesn't have her during the week, he does have her during the holidays but even then I still need the 19 days to cover the school half terms.

None of which is your employer's problem I'm afraid.

You have a right to request flexible working but it is relatively easy for the employer to refuse.

theoretica

At 3 days a week you should get 3/5 of full time holidays. You say full time is 31 days holiday, so you are due 18.6 days.

agrinnall

theoretica wrote: »

At 3 days a week you should get 3/5 of full time holidays. You say full time is 31 days holiday, so you are due 18.6 days.

The OP says that Mimi works part time "over 3 days", which doesn't necessarily mean she works 3/5 of a full time person's hours. I'd suggest that in fact she works less than that, so what we really need to know is the full time hours and her contracted/actual hours worked. Plus we also need to know whether the proposed reduction is based on the hours worked over 3 days or the planned increase in hours to be worked over 4 days.

theoretica

agrinnall wrote: »

The OP says that Mimi works part time "over 3 days", which doesn't necessarily mean she works 3/5 of a full time person's hours. I'd suggest that in fact she works less than that, so what we really need to know is the full time hours and her contracted/actual hours worked. Plus we also need to know whether the proposed reduction is based on the hours worked over 3 days or the planned increase in hours to be worked over 4 days.

All true, but if her days work are shorter than full time so will her days holiday be. It will get a bit more complicated if she works different hours on different days, but for people who work the same length of time on each day it can be worked out purely on number of days worked without knowing their length - everyone should have the same number of weeks holiday, whatever their personal week looks like.

Mimi_Arc_en_ciel

Sorry, been away from PC - just catching up


Hours are being looking into - old HR said it should stay at 16


I work 6 hours x2 days a week and x4 hours on 1 day


The FT Employees have x1 day as at the old company allow us either xmas eve / NYE off. This was never in a contract but new company is allowing this to stay but they've given it as an extra day rather than standard *you can have either off* so not sure whether I will have this as I would only have that day off if it fell on my usual working day