Tupe transfer

Shuv13

Hi,
I was recently tuped over to a new company and have recently discovered that I am receiving a lower wage then new employees. We all started on the same day and have the same job role and title. I have asked for my wage to be increased inline with my colleagues but have been told as I am a tupe transfer they cannot do this?

Is this correct? I believe that I should receive equal pay to my colllegaues. Where do I stand on this?

Thanks

p00hsticks

Are all the other elements of your employment package (holiday entitlement, overtime policy, benefits in kind, sickness policy etc) the same ?

Shuv13

My terms and conditions that transferred over don’t have any extra benefits then the new companies t&c.

Kim_kim

Shuv13 wrote: »

My terms and conditions that transferred over don’t have any extra benefits then the new companies t&c.

Yes, but are all conditions exactly the same?

Hours, annual leave, etc.

Shuv13

Yes all the same

Andy_L

Shuv13 wrote: »

Hi,
I was recently tuped over to a new company and have recently discovered that I am receiving a lower wage then new employees. We all started on the same day and have the same job role and title. I have asked for my wage to be increased inline with my colleagues but have been told as I am a tupe transfer they cannot do this?

Is this correct? I believe that I should receive equal pay to my colllegaues. Where do I stand on this?

Thanks

Their is no legal obstacle to giving you a pay rise because you are a TUPE transfer. However there is also no legal obligation on them to pay you the same as your colleagues, unless there are implications of sexism/racism etc in the differential - which seems unlikely as the reason for the difference is easily provable as a result of the TUPE transfer rather than an -ism

getmore4less

Shuv13 wrote: »

Hi,
I was recently tuped over to a new company and have recently discovered that I am receiving a lower wage then new employees. We all started on the same day and have the same job role and title. I have asked for my wage to be increased inline with my colleagues but have been told as I am a tupe transfer they cannot do this?

Is this correct? I believe that I should receive equal pay to my colllegaues. Where do I stand on this?

Thanks

They lied TUPE does not stop you getting a pay rise.

Make them aware of this and ask again why they won't change the pay.

SueC_2

In basic terms, all TUPE means is that your terms of employment will remain the same once you have transferred across to the new employer. That means the same as your own terms of employment were before the transfer, not the same as any existing employees of the new employer.


You're perfectly within your rights to ask them to take you off your existing contract terms and bring you in line with the terms of their existing employees, but they have no obligation to say yes. Before you do so though, I would check your terms and conditions very closely, just in case there are other areas in which you would be worse off if you went onto the new employer's contract.


Of course, any employee can attempt to negotiate a pay increase at any time, that's nothing to do with TUPE or terms of employment at all.

Ozzuk

Yes, be very careful if you take new terms/contract, my colleague did to get an extra days holiday, but didn't check what he lost - enhanced redundancy rights.