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Original poster

To expect to be paid for my lunch hour

97 replies

TheoriginalLEM · 24/06/2017 20:09

My employer has recently sold out to a corporate. We have all been TUPEE'd over and are, so far, staying on our original contract with is far better than the contract from the new company.

I was due to train for a professional qualification in the field (this isn't without issue for personal reasons) and because this would result in a change of job role, I would be required to change to the new contract.

As I said, my current employment package is generous. We have an hours lunch break, paid. I am aware that this is not the case more often than not. I would lose about £40 a week if I lost my lunch breaks (I work four days).

If I change to the new contract, I have been told they are not able to reduce my wage ( I am currently paid very well for my position). Currently, upon qualification the new company actually pay newly qualified staff just under what I earn now so there is no financial incentive, but professionally I want to train.

BUT I can't afford to lose £40 a week.

Can they change my lunch break payment, if they are not allowed to reduce my wage? A colleague who was working v part time has just gone over to them and she no longer gets a paid lunch break, however she did not have a contract with the original employer so was starting from scratch.

This will be pivotal in my decision to train, so need to know where I stand - any thoughts?

OP posts:
Mum2jenny · 24/06/2017 20:29

Sorry Queen don't understand your comment.

imnottoofussed · 24/06/2017 20:30

From what you have said you are currently going to be a tupe employee with protected rights.

Is the new employer not willing to give you the training without you being on a new contract? If not you will go onto a new contract with the employer.

Therefore nothing is protected as far as I'm aware. You are at that point taking on a new job and it will have its own terms attached.

At this point they can say and do anything as part of the new job offer. If they have said wage won't change then that's fine but they could change other stuff in negotiation with you. If you are not happy with the offer you can say no and stick to current protected terms I imagine they won't let you do the training then.

Being tupe'd in the past I know people who stuck to current terms and then had a higher salary but didn't get any bonus or perks that other colleagues got. They had to balance out everything before deciding if to switch.

That's my thoughts on it anyway but honestly you do need to speak to your hr department.

SteppingOnToes · 24/06/2017 20:30

Could you do the qualification and stay in the same role. Then look for a better deal elsewhere with your qualification? Sounds like you're on to a good thing though...

RitaMills · 24/06/2017 20:33

Something similar happened at my work, I had an hour paid break (split into two 30 min breaks) then we were told that we were no longer to get this so we all had to drop one half hour break and stay on an extra 30 mins after our usual finish time to make up for 30 min unpaid break we had to take. Sucked at first but we're used to it now as this happened a few years ago.

soapboxqueen · 24/06/2017 20:36

Mum2Jenny was that aimed at me? Which bit wasn't clear?

Original poster
TheoriginalLEM · 24/06/2017 20:37

Thankyou for the replies, I knew the answer really - just clutching at straws.

OP posts:
StealthPolarBear · 24/06/2017 20:38

Mum 2 Jenny are there no perks of your job?
If so how would you feel to be told to prepare to lose them and join the real world?

Mum2jenny · 24/06/2017 20:38

No was aimed at QueenArseClangers

londonrach · 24/06/2017 20:39

Nhs and council dont pay for lunch time. In fact i dont know anyone who does in friends and family

StealthPolarBear · 24/06/2017 20:39

People who don't get paid lunch breaks - if you have a working lunch do you finish half an hour early?

Mum2jenny · 24/06/2017 20:40

Stealth there are no perks to my job

Redsippycup · 24/06/2017 20:40

I have had really good advice from ACAS in the past - it would be worth ringing them.

Original poster
TheoriginalLEM · 24/06/2017 20:40

A question a lot of us have asked - and gt evasive answers on, is how we stand is can they at some point force us over to their contracts if we don't make any changes to our hours, roles etc?

So if I sit tight, could I still be forced over to new contract due to the "if it is no longer financially viable"

We are all aware that our employment package has been very generous, hence us wanting to keep it and worrying that we wont be able to long term.

OP posts:
StealthPolarBear · 24/06/2017 20:40

Really? No wonder you're pissed off then!

Jellycatspyjamas · 24/06/2017 20:43

You've said you're paid very well for your position and that your paid a very low wage - which is it? In any event professional qualification will open doors for you that you don't have and the cost of the training itself would be well over £40/week - in your shoes I'd go for it.

Original poster
TheoriginalLEM · 24/06/2017 20:45

Redsippy, I might do that.

I think I have to accept that I will lose out financially if I train and decide whether or not I can afford it.

To the poster who asked, yes, that is a shed load of money for me to loose, effectively two days pay per month and I can't afford it. If I were lucky enough that it wouldn't have an impact then I guess it wouldn't be an issue. I'm not being a brat - just restricted by very tight finances. I wish it was a trivial amount of money

OP posts:
Bluntness100 · 24/06/2017 20:46

Ok, I work in m&a. It depends on the sale conditions. You will have been tuped over for a period of time i.e. 12 or 24 months. After this the new company is at liberty either to pay you off i.e. Redundancy or move you to a new contract. The existing contract will not be grandfathered indefinitely. Not unless the buyer is very stupid indeed.

So ultimately you will move to the new contract if you stay there. It's simply a matter of time, alternatively they will make you redundant.

I'd advise you to look at the long term benefits of being qualified, for both job security and also future pay.

clickhappy · 24/06/2017 20:46

I'd say count yourself lucky that you've had a paid lunch hour so far and be prepared for it to go. However, I would enter any renegotiation of your contract with the view of making up that £40 somehow- shorter lunch break, pay rise to make up for it flexible working to make up the four hours etc.

There is no law that will protect your benefits, only the one that says your current contract is protected and has to be honoured when the company changes ownership. As soon as you start to renegotiate, anything above statutory employment rights is at risk. I think.

Mum2jenny · 24/06/2017 20:46

Getting out of work on time would be good!

StealthPolarBear · 24/06/2017 20:50

Clickhappy plenty of people have perks of the job which others don't. I don't understand why this one is seen as a total indulgence

Original poster
TheoriginalLEM · 24/06/2017 20:51

Jelly, I get paid £9 an hour, my contemporaries probably get minimum wage. So its still not great pay, especially as I live in a very expensive area. If what you say was true (and to be fair you would think it would be) re professional development i'd suck it up, but It really doesn't have that much progression - its very frustrating.

OP posts:
Original poster
TheoriginalLEM · 24/06/2017 20:54

Thank you Bluntness - that is a very useful bit of information. There is soo much flying around regarding to us keeping our current contracts and the new companies are very keen for us to go to theirs (of course they are!). Is there a way we can find out how long we have been TUPEE'd for?

They have been about as transparent as a block of coal to date

OP posts:
bimbobaggins · 24/06/2017 20:55

Just out of curiosity, what industry is it you are in? I think I've got an idea

I think you've been fortunate to have had a paid lunch break for so long and understand why you want to protect this. No real advice but good luck

flowery · 24/06/2017 20:56

"You will have been tuped over for a period of time i.e. 12 or 24 months. After this the new company is at liberty either to pay you off i.e. Redundancy or move you to a new contract."

Nope. There's no ability for either employer to set a time limit on TUPE. New employers are not "at liberty" to do any such thing.

simon50 · 24/06/2017 20:58

If you take the training, you will be taking on a new role thus change of contract, so you would no longer be protected.

Would your new skill sets be transferable?

Can you suck up the reduced wage in the short term and once your trained find an employer who pays better?

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