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what are my employment rights in this situation ?

(9 Posts)
OhDearNigel Thu 06-Dec-12 20:36:47

I work 24 hours per week in a small hotel (as well as my normal job). They are set shifts on the same every week. 1 evening shift and two overnighters (Sundays and Mondays). My contract states that I am part time.

The hotel was sold 2 weeks ago and everyone told that their employment would continue under the same contract. I received a phone call today informing me that, with immediate effect, my two night shifts were being cut and that another worker would be doing them. there have been no issues with my work. The new owner owns 5 hotels and just moves staff round and round depending on where is busiest. I believe the reason is that I am paid £7 per hour not NMW

Help !

TheOneWithTheHair Thu 06-Dec-12 20:41:40

You get protected rights.

Because there has been a change in employer you should still get the same hrs.

You need to check the t&cs of your contract because there may be something in there that says otherwise.

OhDearNigel Thu 06-Dec-12 20:42:29

Thanks, I will send up to the old HR dept for a copy of my contract.

TheOneWithTheHair Thu 06-Dec-12 20:42:47

Go to the ACAS website and read up on TUPE transfers.

TheOneWithTheHair Thu 06-Dec-12 20:43:26

They also have a free helpline.

OhDearNigel Thu 06-Dec-12 20:50:54

just had a quick look; we had letters from the old management company which mentioned "consultation under TUCE" so it definitely applies.

So how do I start the process ? He has done this with all the hotels he bought before but I think he assumes that people are either too stupid to realise their rights or too badly off to pay an employment lawyer.

TheOneWithTheHair Thu 06-Dec-12 21:18:18

Hi. It's dh that knows about all this and he's gone out. I've text him though and I'll let you know what he says.

OhDearNigel Thu 06-Dec-12 21:22:15

no hurry, i won't be doing it until the weekend

TheOneWithTheHair Mon 10-Dec-12 18:24:43

Hi. Sorry it's taken me so long. I haven't forgotten you. Dh says it seems you have a case to take it further but didn't say how.

You could contact CAB who should be able to point you in the right direction and I will try to pin dh down further.

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