Tupe

startrekkin100

I’m a cleaner. The contract with my company is ending amicably 1 month early and the cleaning is being dealt with in-house. I think I’m protected under TUPE rules. If so…. I have just discovered that I have been paid holiday pay twice each year by my current employer and my previous employer ( I was Tupe d last year with change of company) 
the in-house company are saying as it was a mistake they will not honour this ( we’re talking £750 pa)
it is clearly stated on my contract that I’m paid for x amount of weeks ( this includes the holiday pay as I’ve discovered ) plus £750 holiday pay. I have never questioned it as I don’t work the 52 weeks pa and I assumed my contract was correct. 

Will I have to lose what has been part of my wage for 2 and half years?
thank you

Marcon

startrekkin100 said:

I’m a cleaner. The contract with my *company* is ending amicably 1 month early and the cleaning is being dealt with in-house. I think I’m protected under TUPE rules. If so…. I have just discovered that I have been paid holiday pay twice each year by my current employer and my previous employer ( I was Tupe d last year with change of company) 
the in-house company are saying as it was a mistake they will not honour this ( we’re talking £750 pa)

I know you know what you mean, but I'm not sure I do! Which *company* is this - your current employer and why does the contract ending matter? If it is your current employer, are they the ones to whom you were TUPE'd last year? Which company is doing the in house cleaning - is that your current employer? Why do you only 'think' you are protected under TUPE rules? Sorry for the barrage of questions, but they impact on the answer.

startrekkin100 said:

the in-house company are saying as it was a mistake they will not honour this ( we’re talking £750 pa)
it is clearly stated on my contract that I’m paid for x amount of weeks ( this includes the holiday pay as I’ve discovered ) plus £750 holiday pay. I have never questioned it as I don’t work the 52 weeks pa and I assumed my contract was correct. 

Will I have to lose what has been part of my wage for 2 and half years?
thank you

Depends how your contract is worded and whether it is reasonably obvious that your wages already include holiday pay. Out of interest, how did it come to light after what seems to be quite a long time - if it's only just been spotted, it doesn't sound as if it was that obviously a mistake, but even so you might have difficulty arguing the point successfully. TUPE doesn't protect your terms of employment indefinitely.

startrekkin100

Thanks for your answers- I was incorrect regarding holiday pay!!!

startrekkin100

Hi.I clean at a school - I work for a cleaning Company and they are giving up their contract 2 months early and the school are taking on the cleaning in house. I understand I am covered under TUPE.
 The contract I have is for 39 weeks pa plus 5 extra weeks to deep clean (standard for a state school) however I clean for a private school and I have just learned that their term time pa are only 36 weeks and they only want 4 weeks deep clean.
my question is can they alter my contract? I was TUPE’d 10 months ago and the contract wasn’t questioned.
thank you

Marcon

startrekkin100 said:

Hi.I clean at a school - I work for a cleaning Company and they are giving up their contract 2 months early and the school are taking on the cleaning in house. I understand I am covered under TUPE.
 The contract I have is for 39 weeks pa plus 5 extra weeks to deep clean (standard for a state school) however I clean for a private school and I have just learned that their term time pa are only 36 weeks and they only want 4 weeks deep clean.
my question is can they alter my contract? I was TUPE’d 10 months ago and the contract wasn’t questioned.
thank you

No contract is ever cast in stone for all time...so yes, it can be altered, provided the correct processes are followed. See https://www.acas.org.uk/changing-an-employment-contract/advice-for-employees