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  • FIRST POST
    • bradrock
    • By bradrock 12th Mar 18, 8:11 PM
    • 177Posts
    • 18Thanks
    bradrock
    Tupe transfer and equal pay
    • #1
    • 12th Mar 18, 8:11 PM
    Tupe transfer and equal pay 12th Mar 18 at 8:11 PM
    Hi all hope this is in the right section.

    Worked at my company 12 years pay is £9.39 after aquireing a new contract we have tupe transfered some staff from there company to ours. Some of them are drivers same as me doing exactly the same job they get paid £10.56 an hour.

    After reading the equal pay act 2010 am I right in thinking they will have to match the pay equally? Obviously I would write a letter to hr but would like to get an idea of where I stand. At the moment we arenít getting it.

    Thank you
Page 1
    • Diamandis
    • By Diamandis 12th Mar 18, 8:24 PM
    • 264 Posts
    • 427 Thanks
    Diamandis
    • #2
    • 12th Mar 18, 8:24 PM
    • #2
    • 12th Mar 18, 8:24 PM
    Is the reason for the pay difference just based on gender?
    • bazzyb
    • By bazzyb 12th Mar 18, 8:25 PM
    • 1,193 Posts
    • 3,274 Thanks
    bazzyb
    • #3
    • 12th Mar 18, 8:25 PM
    • #3
    • 12th Mar 18, 8:25 PM
    After reading the equal pay act 2010 am I right in thinking they will have to match the pay equally?
    Originally posted by bradrock
    No. Their pay will be protected, so they won't need to take a pay cut through no fault of their own. It doesn't work the other way round so you won't get a payrise by default.
    • bradrock
    • By bradrock 12th Mar 18, 8:29 PM
    • 177 Posts
    • 18 Thanks
    bradrock
    • #4
    • 12th Mar 18, 8:29 PM
    • #4
    • 12th Mar 18, 8:29 PM
    Nothing I can do then. Just seems unfair that they will get over a pound an hour more for same job.
    If they take on new drivers then which rate would they get?
    • BorisThomson
    • By BorisThomson 12th Mar 18, 8:37 PM
    • 1,586 Posts
    • 3,420 Thanks
    BorisThomson
    • #5
    • 12th Mar 18, 8:37 PM
    • #5
    • 12th Mar 18, 8:37 PM
    Nothing I can do then. Just seems unfair that they will get over a pound an hour more for same job.
    If they take on new drivers then which rate would they get?
    Originally posted by bradrock
    New drivers will get whatever rate the employer offers. People can be paid different rates as long as the reason for the difference is not discriminatory.
    • bugslet
    • By bugslet 12th Mar 18, 8:38 PM
    • 6,128 Posts
    • 29,510 Thanks
    bugslet
    • #6
    • 12th Mar 18, 8:38 PM
    • #6
    • 12th Mar 18, 8:38 PM
    Nothing I can do then. Just seems unfair that they will get over a pound an hour more for same job.
    If they take on new drivers then which rate would they get?
    Originally posted by bradrock
    Now what do you think.

    Presuming you are in haulage, you can't get cheaper diesel or trucks than your competitors (presuming similar size), the only cost you can try and cut is wages sadly.

    Downtons by any chance?
    • Xbigman
    • By Xbigman 12th Mar 18, 8:49 PM
    • 3,095 Posts
    • 1,338 Thanks
    Xbigman
    • #7
    • 12th Mar 18, 8:49 PM
    • #7
    • 12th Mar 18, 8:49 PM
    You might find the new drivers pay protection is time limited and their pay will equalise after a year. This is a common clause in transport TUPE transfers.


    Darren
    Xbigman's guide to a happy life.

    Eat properly
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    • Rodger Du Good
    • By Rodger Du Good 28th Mar 18, 11:57 AM
    • 3 Posts
    • 0 Thanks
    Rodger Du Good
    • #8
    • 28th Mar 18, 11:57 AM
    • #8
    • 28th Mar 18, 11:57 AM
    Hi we have just been told we are going to get TUPE across to another company really concerned because they are not transferring us across on the same terms and conditions as they are supposed to.
    The company have told us they want it all sorted in 25 days time.
    • paddedjohn
    • By paddedjohn 28th Mar 18, 12:20 PM
    • 7,139 Posts
    • 7,789 Thanks
    paddedjohn
    • #9
    • 28th Mar 18, 12:20 PM
    • #9
    • 28th Mar 18, 12:20 PM
    Hi we have just been told we are going to get TUPE across to another company really concerned because they are not transferring us across on the same terms and conditions as they are supposed to.
    The company have told us they want it all sorted in 25 days time.
    Originally posted by Rodger Du Good
    If it's you being tuped then your terms and conditions will be protected, 'Transfer of Undertakings (Protection of Employment)
    Be Alert..........Britain needs lerts.
    • Rodger Du Good
    • By Rodger Du Good 28th Mar 18, 12:28 PM
    • 3 Posts
    • 0 Thanks
    Rodger Du Good
    it is me but we have been told all different things, hours of work will change we will miss out on bonus at work even though we have work 9 months of the year towards it. Other jobs i have carried out will seek to be transferred all in all we have more than 70 years experience in our jobs there are 5 people involved.
    • jobbingmusician
    • By jobbingmusician 28th Mar 18, 11:47 PM
    • 19,141 Posts
    • 19,610 Thanks
    jobbingmusician
    No union, I suppose? I suggest you band together and pay for some legal advice..... TUPE is supposed to mean that - *protected* terms and conditions.
    I'm the Board Guide on the Matched Betting; Referrers and Jobseeking & Training boards. I'm a volunteer to help the boards run smoothly, and I can move and merge posts there. Board guides are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.

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    • Rodger Du Good
    • By Rodger Du Good 29th Mar 18, 6:33 AM
    • 3 Posts
    • 0 Thanks
    Rodger Du Good
    We are in a union and are hoping to bring them into our next meeting next week,
    • Ozzuk
    • By Ozzuk 29th Mar 18, 9:29 AM
    • 1,318 Posts
    • 1,948 Thanks
    Ozzuk
    Is the bonus contractual or discretionary? They are usually discretionary so I doubt you have any comeback. Tupe has a lot of protections, but the new company can make changes if they can justify it (economic issues for instance). Pension is another one that is often changed.
    • ohreally
    • By ohreally 29th Mar 18, 11:25 AM
    • 6,611 Posts
    • 5,104 Thanks
    ohreally
    We are in a union and are hoping to bring them into our next meeting next week,
    Originally posted by Rodger Du Good
    Why havenít union officers been involved from the outset? You (collectively) need to ensure you are adequately represented st all times and ensure union involvement.
    Donít be a canít, be a can.
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