Being Tupe to another company whilst on Furlough

TudeT80ude · 30 July 2020 at 2:28PM

Hi, I was advised on 27.7.20 that my employment has been Tupe to another company and i will now longer employed by them from 01.08.20.
There has been not discussions with me and at present the furlough pay i am receiving is 90%. The new company has said that they will furlough me @ 80% and then probably make me redundant. Someone told me that under Tupe rules they should pay the 90% as that is what i was receiving at transfer is this true?

bradders1983 · 30 July 2020 at 2:29PM

Any extra than 80% was merely a goodwill gesture from Employer 1, i dont see how even TUPE regs would protect you for the extra 10% in that case

Jeremy535897 · 30 July 2020 at 2:54PM

TUPE should mean that you continue with the rights and obligations of the existing contract and furlough agreement until it is changed. Just as you had to agree with your old employer to be furloughed and take pay reduced to 90%, the new employer should seek your agreement if they want to reduce it to 80%. CJRS was set at 80% of reference salary. It does not mean everyone's pay can be reduced to that level unilaterally by an employer.