volunteering to reduce hours - impact on TUPE protection?(8 Posts)
Morning all. I wondered if anyone can advise.
My employer was taken over by another organisation on 1st September and we were all TUPEd over to the new employer.
As a result of the takeover, a chunk of my role disappeared, but I was reassured that other duties would come my way so all would be well.
Now 5 months on and the dust has settled, all the teething problems with the new systems etc have been sorted and despite me asking for more work and being reassured more would be forthcoming, it hasn't happened and my role really isn't full time. I'm bored rigid, to be honest.
Although I don't particularly want to go part time, we can afford it as a family and I'd rather be at home doing something useful than sat at work trying to find stuff to do.
My question is, if I "volunteer" to reduce my hours, although I would make it plain that it's not really through choice, would this impact upon any protection I have under TUPE legislation and would it make me more vulnerable if they decide to go down the redundancy route in the near future?
Thanks in advance for any advice xx
If you volunteer to go onto reduced hours, whatever you say, that will have been your choice. And if you think redundancies are likely, and it certainly sounds like they may be, if there isn't enough work to go round, then your redundancy pay would be pro-rata. I'd stick it out for now. I'm sure it's to your credit that you don't want to be sitting around getting paid for doing less than you're capable of, but there's no prizes for virtue here!
Are you in a union? Of course that's more powerful if your workplace is organised, but even if not, you could do with the legal support right now. And you'd be wise to join one quick before the shit hits the fan, as they rarely deal with pre-existing cases.
Things a union rep/officer can help with: If you do decide to negotiate a change-of-hours, you want to keep your existing, TUPE-protected T&C. They could interpret it as you moving to a completely new contract, with the new employer, in which case you could lose all your protections! Also, if your employer recognises a union, they're duty-bound to consult them on most redundancies, including giving serious consideration to alternatives, such as volunteers for reduced hours or voluntary exits.
I believe you would keep all your existing benefits, e.g sickness pay, and enhanced redundancy package. But a lot of things are based on the average of the previous x amount of weeks of hours, so these will obviously be reduced.
Give HR a ring and just enquire?
Thank you both for replying. I joined unison prior to the takeover but the employer doesn't officially recognise them. I will contact them anyway to see what they say. Sadly there is no HR department; a couple of managers including my line manager who is "difficult " (!) have HR duties as part of their remit. Bit of a piss up in a brewery situation & am getting to the end of my tether with it all. Thank you, much appreciate the advice x
Who did your consultation when the TUPE happened?
I'd suggest ringing UNISON anyway, and ACAS. ACAS really useful in the past.
Thanks. We elected staff representatives who met with management & fed back info & we were able to ask questions through them. I'm assuming that was the consultation? I will ring them on Monday. Thanks for your help x
Did you not have 1-to-1 consultations?
Let us know how you get on.
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