Employment being taken over by agency and Tupe

fairyfrenchie

I'm a cleaner of 30 years and now, my employer will  bring in an agency from December. I use to get paid on the 28th of each month this will change to 31st if each month and I believe I am covered under tupe.
How long should tupe last. I have been told the agency.,may not keep to tupe.  I was paid for school Holidays  and just did stand hours in the holidays I will now be paid just hours I work we're before I was paid pro rota. Thank you  for any advice.

MyRealNameToo

TUPE is indefinite but the main benefit of TUPE is that your continuous service start date maintains as it was before. 

maman

Would you explain what you mean about your pay. 

You shouldn't be worse off with TUPE.

Do you mean you'll just be paid for hours worked in term time whereas before your hours worked were divided up into 12 monthly payments?

monkey-fingers

MyRealNameToo said:

TUPE is indefinite but the main benefit of TUPE is that your continuous service start date maintains as it was before. 

That's not quite true. TUPE is Transfer of Undertakings (Protection of Employment) Regulations.
The main benefit is that ALL your contract provisions are pulled across, including holiday entitlement and continuous employment. So if you currently get paid for holidays, then you'll continue to.

https://www.gov.uk/transfers-takeovers/transfers-of-employment-contracts

maman

Many workers in schools are employed on term time only contracts but pay averaged over 12 months. I'm not sure from OP's question if this is the case. Most cleaners would be expected to work in some holidays but usually different hours. They might, for example, do a couple of full days rather than their usual 2-3 hours. 🤔

MyRealNameToo

monkey-fingers said:

MyRealNameToo said:

TUPE is indefinite but the main benefit of TUPE is that your continuous service start date maintains as it was before. 

That's not quite true. TUPE is Transfer of Undertakings (Protection of Employment) Regulations.
The main benefit is that ALL your contract provisions are pulled across, including holiday entitlement and continuous employment. So if you currently get paid for holidays, then you'll continue to.

https://www.gov.uk/transfers-takeovers/transfers-of-employment-contracts

Disagree, the reality is that it's not hard for them to change your contract terms after you've been TUPEd across... there are lots of levers they can pull to make it happen. Yes your holidays but thats only for the remainder of this year whereas start date could come into play in 10 years time when they make you redundant. 

For example with a prior client that did a merger it wrote a new contract of employment for all staff, irrespective if you came from the old company or the acquired company. Wasnt hard for them to get near 100% acceptance when they made it clear that the discretionary bonuses (typically 20-50%) available under the old contract would never be paid again for those that didnt move onto the new contracts (that gave the same 20-50%) 

p00hsticks

fairyfrenchie said:

 I use to get paid on the 28th of each month this will change to 31st if each month 

That doesn't really make sense as only 7 months of the year actually have 31 days......
Perhaps they mean the last (working ?) day of the month ?

maman

Yes, the end of the month, the last banking day, is more usual. 

fairyfrenchie

Yes in summer holiday I do stand hours of 21hours so about three days, but my wages were worked out so I got paid every month.Now I will only be paid the hours I do, So Easter, Christmas, and half term I wont be paid. Our wages will be paid on the 31st of each month or the nearest date to that. They will supply us new tea shirt and tabard, but want us to to supply black trousers. I usually wear any colour or type of trousers for the school. The agency has said we need to pay for my DBS check  which I have never done this 30 years. I have now got to prove to the agency I have the write to work in the UK, I have a birth certificate but I have been this is no good as its my maiden name. I don't have driving license or passport. Do they have to stick to my current contract under tupe for the next year. Thank you for the comments but I don't know who I can speak to about were I stand.

monkey-fingers

fairyfrenchie said:

Yes in summer holiday I do stand hours of 21hours so about three days, but my wages were worked out so I got paid every month.Now I will only be paid the hours I do, So Easter, Christmas, and half term I wont be paid. Our wages will be paid on the 31st of each month or the nearest date to that. They will supply us new tea shirt and tabard, but want us to to supply black trousers. I usually wear any colour or type of trousers for the school. The agency has said we need to pay for my DBS check  which I have never done this 30 years. I have now got to prove to the agency I have the write to work in the UK, I have a birth certificate but I have been this is no good as its my maiden name. I don't have driving license or passport. Do they have to stick to my current contract under tupe for the next year. Thank you for the comments but I don't know who I can speak to about were I stand.

Honestly? I'd book an appointment at your local Citizens Advice Bureaux

EnPointe

monkey-fingers said:

fairyfrenchie said:

Yes in summer holiday I do stand hours of 21hours so about three days, but my wages were worked out so I got paid every month.Now I will only be paid the hours I do, So Easter, Christmas, and half term I wont be paid. Our wages will be paid on the 31st of each month or the nearest date to that. They will supply us new tea shirt and tabard, but want us to to supply black trousers. I usually wear any colour or type of trousers for the school. The agency has said we need to pay for my DBS check  which I have never done this 30 years. I have now got to prove to the agency I have the write to work in the UK, I have a birth certificate but I have been this is no good as its my maiden name. I don't have driving license or passport. Do they have to stick to my current contract under tupe for the next year. Thank you for the comments but I don't know who I can speak to about were I stand.

Honestly? I'd book an appointment at your local Citizens Advice Bureaux

on what basis ?

 dress code  stuff is  fairly normal 

getting peopel to pay for their DBS  has been something which has increasingly become the norma especially as they are now fully portable if you sign up for the  Update service 

Right to work  verification is  routine following a TUPE  

pay  dates and arrangements can be changed by an employer with  reasonable notice   

all of this can be in the Measures  of the TUPE   which will be discussed with the apponted representatives on the staff  being TUPEd