TUPE cherry picking

HI All,
Hoping someone can help. I was TUPE'd in January to my new employer. My new employer pays their existing staff better than myself and my TUPE colleagues, but I and my TUPE colleges are contracted for less days per year, and so the status quo has been accepted as fair by all.

My "new employer" however now wants us all to work the same number of days but for the money we are currently being paid, stating economic difficulties. They want to increase their existing staff worked days by two, and me and my TUPE colleges by 5 so that we would all now work the same number of days.

If this change comes into effect, we will all be working the same number of days, but their existing staff will be paid more, and have a better pension scheme too. This seems wholly unfair to me and my colleges, but I don't know where to go for some guidance with regards the law in this matter. Can. anyone help?
Many Thanks

Comments

  • kev2009
    kev2009 Posts: 1,038
    First Post First Anniversary Name Dropper
    Forumite
    Are you in a Union? If so i'd run this past them and see what they say.

    Alternatively, you maybe best to maybe club together and see a Lawyer to get an idea if they can do this & where you all stand.

    Also my understanding of Tupe was that your conditions and pay must be the same or better for 2 years after TUPE, after the 2 years effectively they can do what they like.

    Kev
  • Xbigman
    Xbigman Posts: 3,884
    Name Dropper First Anniversary First Post Combo Breaker
    Forumite
    There is no two years limit, if the business needs to change an TUPE'd employee's terms and conditions they can do so fairly easily.
    It's also fairly common to have employee's taken on at different times on different contracts.
    Yes it sucks but there is nothing untoward going on here. As suggested get a union involved, they just might be able to negotiate something.



    Darren
    Xbigman's guide to a happy life.

    Eat properly
    Sleep properly
    Save some money
  • vacheron
    vacheron Posts: 1,596
    Name Dropper First Anniversary First Post Photogenic
    Forumite
    edited 8 May 2019 at 7:22AM
    There are a number of ways your employer could be going about this.

    Any change to a contract should first involve consultation with the affected employees in order to reach an amicable compromise. If more than 20 employees are affected they are obliged to consult collectively, if less then 20 then your employer will probably be considering this as series of one-to-one contract negotiations changes between them and each affected individual (unless you choose to approach this otherwise).

    If the new contract terms are considered unfair, the employee cannot force you to accept them (unless there is a clause in your contract which states that they can). However, what they can do if you fail to agree is to serve you your notice with the aim of then deeming you to have automatically accepted the new conditions should you continue to attend work after your termination date (unless you state to your employer that you are returning to work "under protest" and send an official letter to them stating this).

    However terminating staff contracts and re-employing has many risks to the employer and staff morale, and is generally done as a bargaining threat by the employer, or as an absolute last resort.

    However, as you stated they mentioned "economic difficulties, they could be considering this to be an "ETO" event which would allow them greater freedoms to alter your terms of employment without them being automatically considered "unfair". The definition of an ETO however is vague and can also be challenged if it is considered that the company is using it inappropriately.
    • The rich buy assets.
    • The poor only have expenses.
    • The middle class buy liabilities they think are assets.
    Robert T. Kiyosaki
  • getmore4less
    getmore4less Posts: 46,882
    Name Dropper First Anniversary First Post I've helped Parliament
    Forumite
    I would be resisting the change but support a proportional change similar to the others employees to show you are reasonable.

    if they they want to align terms I would accept if they were doing it for all terms.

    How many days are people working now?

    Is this really a reduction in holidays?
  • TBagpuss
    TBagpuss Posts: 11,198
    First Post First Anniversary Name Dropper
    Forumite
    As i understand it, when you are TUPESd over your pay and conditions have to remain as goos as or better than they were in your old employer. I don't think that there is any requirement to improve them to match the conditions of the original employees of the new owner.
    So, if they are asking you to work more hours with no change in total pay, so that you effective hourly rate will go down, then this *might* be unfiar and open to challenge, but if they are asking you to work longer hours on (say) £9 hour but are paying other emp,loyees £10 hour to do the same work, then I don't think you have any standing to object.
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • getmore4less
    getmore4less Posts: 46,882
    Name Dropper First Anniversary First Post I've helped Parliament
    Forumite
    TUPE protects at the point of transfer unless other terms are put into the contract for the transfer.

    no idea where people get the idea there is longer protection.

    Once transferred normal contract negotiation for change apply.
This discussion has been closed.
Meet your Ambassadors

Categories

  • All Categories
  • 342.5K Banking & Borrowing
  • 249.9K Reduce Debt & Boost Income
  • 449.4K Spending & Discounts
  • 234.6K Work, Benefits & Business
  • 607.1K Mortgages, Homes & Bills
  • 172.8K Life & Family
  • 247.4K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.8K Discuss & Feedback
  • 15.1K Coronavirus Support Boards