Tupe negotiated benefit

gavincritt1979

I was working for a company until 2/11/2020 where a new company won the contract and I was Tupe’d across to the new employer. 

Under my old company I was provided with a car and fuel card which I paid the BIK on both. The fuel card covered both business and private miles. The new company only provides employees with a car and no fuel card. During the Tupe consultations I mentioned i had a fuel card and what they would do do compensate this loss. 

They said that they would pay me an amount each month less the tax I would have paid to cover my private miles and effectively compensate my loss. They’d continue to pay business miles via the expenses route. 

Fast forward to yesterday 27/9/24 where I’m contacted by HR to discuss this. They are now saying that they want to remove this or at least change the amount paid as they say the mileage payment was calculated at £0.45 a mile and should have been £0.25. They’ve not provided any evidence that this is in any way an error. They say that this issue how now moved to higher directors and solicitors to look at. 

As far as I’m concerned this was agreed at Tupe stage and is in writing with the calculations that this would be paid. Where do I stand on this? As it’s been paid for the last 4 years could this be classed as either a breach of Tupe or unlawful deduction of salary? I’m no solicitor and can’t afford one. I’m worried they will press ahead with this and try and rely on the supposed ‘ error’ as a way of stopping my payments. This will put me at financial detriment as I’d be losing over £300 a month. 

What the HR said to me was that this is sustainable for the business and I’m not the only one. This leads me to believe it’s being looked at as a money saving exercise only. 

Any advise is really needed 

MattMattMattUK

gavincritt1979 said:

I was working for a company until 2/11/2020 where a new company won the contract and I was Tupe’d across to the new employer. 

Under my old company I was provided with a car and fuel card which I paid the BIK on both. The fuel card covered both business and private miles. The new company only provides employees with a car and no fuel card. During the Tupe consultations I mentioned i had a fuel card and what they would do do compensate this loss. 

They said that they would pay me an amount each month less the tax I would have paid to cover my private miles and effectively compensate my loss. They’d continue to pay business miles via the expenses route. 

Fast forward to yesterday 27/9/24 where I’m contacted by HR to discuss this. They are now saying that they want to remove this or at least change the amount paid as they say the mileage payment was calculated at £0.45 a mile and should have been £0.25. They’ve not provided any evidence that this is in any way an error. They say that this issue how now moved to higher directors and solicitors to look at. 

As far as I’m concerned this was agreed at Tupe stage and is in writing with the calculations that this would be paid. Where do I stand on this? As it’s been paid for the last 4 years could this be classed as either a breach of Tupe or unlawful deduction of salary? I’m no solicitor and can’t afford one. I’m worried they will press ahead with this and try and rely on the supposed ‘ error’ as a way of stopping my payments. This will put me at financial detriment as I’d be losing over £300 a month. 

What the HR said to me was that this is sustainable for the business and I’m not the only one. This leads me to believe it’s being looked at as a money saving exercise only. 

Any advise is really needed 

Any changes would require both parties to agree, the alternative may be that if there is a failure to agree your job role becomes unaffordable and your position is made redundant.

p00hsticks

If the company can argue that there is an 'economic, technical or organisational' requirement to change the terms of your employment contract then they can do (just as your old company could have done at any point prior to the TUPE agreement).

Was the provision of a car and fuel card written into your original employment contract ?
 
You can reject any proposed change to your contact, but  if you do then realistically I suspect that it could be viewed as you handing in your resignation (NOT being made redundant - I don't believe you'd be paid redundancy).  

Are you in a union ? And if so what does your union rep say abut it ?

Brie

What do your colleagues get for their business miles?  

Marcon

gavincritt1979 said:

I was working for a company until 2/11/2020 where a new company won the contract and I was Tupe’d across to the new employer. 

Under my old company I was provided with a car and fuel card which I paid the BIK on both. The fuel card covered both business and private miles. The new company only provides employees with a car and no fuel card. During the Tupe consultations I mentioned i had a fuel card and what they would do do compensate this loss. 

They said that they would pay me an amount each month less the tax I would have paid to cover my private miles and effectively compensate my loss. They’d continue to pay business miles via the expenses route. 

Fast forward to yesterday 27/9/24 where I’m contacted by HR to discuss this. They are now saying that they want to remove this or at least change the amount paid as they say the mileage payment was calculated at £0.45 a mile and should have been £0.25. They’ve not provided any evidence that this is in any way an error. They say that this issue how now moved to higher directors and solicitors to look at. 

As far as I’m concerned this was agreed at Tupe stage and is in writing with the calculations that this would be paid. Where do I stand on this? As it’s been paid for the last 4 years could this be classed as either a breach of Tupe or unlawful deduction of salary? I’m no solicitor and can’t afford one. I’m worried they will press ahead with this and try and rely on the supposed ‘ error’ as a way of stopping my payments. This will put me at financial detriment as I’d be losing over £300 a month. 

TUPE is now history.  It covers terms and conditions at the point of transfer, and possibly for a while thereafter, but it doesn't cast things in stone for all time.

 It isn't an unlawful deduction from salary, because nothing is being deducted from your salary - you're going to be paid less, not have a deduction made from the salary you're receiving.

The employer is proposing a change to your contract (it's likely to be irrelevant whether or not it was an 'error') and needs to follow the correct process to accomplish this. See https://www.acas.org.uk/changing-an-employment-contract/advice-for-employees/consulting-on-changes-to-your-employment-contract#:~:text=If%20your%20employer%20is%20proposing,about%20the%20proposed%20contract%20changes.

If you aren't happy with it (and I can see why not!), how valuable are you to the business and what are your negotiating skills like? 

gavincritt1979 said:

What the HR said to me was that this is sustainable for the business and I’m not the only one. This leads me to believe it’s being looked at as a money saving exercise only. 

Any advise is really needed 

Of course it's a money saving exercise. Pretty much all businesses are trying to save money all the time - the economic climate isn't great. A company which might be profitable now could be in dire straits this time next year. It's cold comfort, but the more successfully a company can control expenses, the better the job security for its employees.

EnPointe

4 years post TUPE  what  was agreed at that time is now irrelevant  when iot comes to  changing terms and conditions 

are you  alone out of step wit hthe rest of the  workforce in a similar grade / role   or are there other people who  transferred i nthe TUPE  who are still in a similar role and recieve a similar concession ?

do you  really want ot  trigger a full review of your role and continued employment ? by  rejecting a change  to your contract  and  likely  being deemed to have resigned ?

Andy_L

whats the milage like on your car? How does 45ppm & 25ppm compare to the value of the "free-ish" fuel you were getting for private miles?