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AIBU?

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Original poster

Changes at work - how would you feel about this?

26 replies

thecannister · 10/12/2024 15:46

The company I work for recently went through a
merger. They are looking at contracts, so we still have different processes, benefits etc for now. I think ours are slightly better (more holidays for example) but they want to harmonise everything eventually. I think this will be sometime next year. I haven't received any official letters or an amended contract yet apart from my line manager changing (previous manager took voluntary redundancy).

For context, our contracts are fully remote with occasional travel for team meetings/events. The company has always paid for any expenses, mileage, accommodation if needed. The company that we've merged with are on a hybrid contract and the team all live within 30 minutes from the head office. They can't claim for any travel expenses to and from the office, only if they have to travel somewhere else. Obviously we can because our contracts are different. We also live 2-4 hours away.

The company has always paid per mile to cover fuel and any wear and tear. I went to a team meeting last week which was the first time since we'd merged. I submitted my expenses yesterday and was told that they've recently changed it so that we will only be paid for the fuel (as detailed on the receipt) not for the miles, nothing official, just in a conversation on teams. My new manager isn't much help if I'm honest.

Is there anything I can do about this?

OP posts:
Muchtoomuchtodo · 10/12/2024 15:47

Are you in a union? I’d ask their advice.

Ilikewinter · 10/12/2024 16:04

I would contact ACAS, do you not get 'Tupe' across so your contracts remains the same?... no idea if that's correct or not!

Sansan18 · 10/12/2024 16:44

I was in a similar situation and our terms and conditions were tupe'd. There seems to be uncertainty how long tupe lasts.However, I've never taken a new contract or applied for a job as that would break my original contract.Eight years on I'm still enjoying additional leave and a reduced working week.

Sansan18 · 10/12/2024 16:45

Just to clarify that my situation was a merger rather than a company sale.

SleepToad · 10/12/2024 16:53

Tupe. Transfer of undertakings pertaining to employment. They cannot change your contract in such a manner. But in future I would ask to hire a car at their expense to go to the office, or ask for hotel accommodation the night before and the ability to leave so you are home before your contracted day ends.
What you have is a manager who doesn't have a fucking clue, is worried about their future and wants to save money.

There is no way id be using my car....after all its not strictly insured to travel for work as this is not your usual place of work (yes I know your insurance company would pay out but by the strict interruption of cover...) I would be as awkward as possible

Jellycatspyjamas · 10/12/2024 17:01

Your original terms and conditions are protected under TUPE, you should have been advised if this when the take over happened. It’s been a while for me but if I remember rightly it’s quite difficult for the new employer to change your contract in a way that leaves you worse off. I’d speak to ACAS and your union if you’re a member.

Original poster
thecannister · 10/12/2024 19:06

Thank you for your replies. Unfortunately my new manager is awful, not clueless, just awful and doesn't have the skills to manage a team. He really doesn't care or take any interest and has fobbed me off when I raised concerns previously so I would rather not go through him if I can help it. The company we merged with has a terrible reputation in our industry but that's another story.

I'm not part of a union either, this is a private company. Would it be best to speak to someone in HR?

OP posts:
SleepToad · 10/12/2024 19:13

Definitely speak to hr, after all its about terms and conditions of employment not how you do the job so really is their area

randomchap · 10/12/2024 19:33

thecannister · 10/12/2024 19:06

Thank you for your replies. Unfortunately my new manager is awful, not clueless, just awful and doesn't have the skills to manage a team. He really doesn't care or take any interest and has fobbed me off when I raised concerns previously so I would rather not go through him if I can help it. The company we merged with has a terrible reputation in our industry but that's another story.

I'm not part of a union either, this is a private company. Would it be best to speak to someone in HR?

HR are there to protect the company, not to help employees.

They might be interested as it looks like you've not been TUPE'd across correctly.

I think you need proper legal advice. Some house insurances have legal advice as part of it.

UncharteredWaters · 10/12/2024 19:34

HR work for your company - you’d be better speaking to someone outside.
and join a union - it won’t cover you for this but will for future things

C152 · 10/12/2024 19:41

Your existing terms and conditions of employment are protected until they are officially - contractually - changed, and there will need to be a consultation prior to that.

Backfromhols · 14/12/2024 08:19

It doesn’t sound like a TUPE situation at this stage…

Ask HR in the first instance, they will be able to clarify, then if you’re not satisfied explore other options eg external advice.

EmberAsh · 14/12/2024 08:25

Who told you that you can only claim for the fuel receipt on teams. Was it a manager or HR. Did you push back at the time and state that you had always claimed mileage previously?

Jellycatspyjamas · 14/12/2024 08:30

I'm not part of a union either, this is a private company.

You can join a union if you’re employed by a private company. If the company don’t recognise a union it just means they won’t be involved in collective bargaining but the union can still offer advice and representation to you individually. They wont help with the current issue but it sounds like you might need support going forward if they’re as bad as you’re saying.

tanstaafl · 14/12/2024 08:34

If they’ve merged, I take it there’ll be a new company at the end of the process?
Otherwise if either company name remains, that suggests a takeover.
In which case TUPE should apply for the employees of the taken over company.

Afaik, TUPE lasts as long as both companies agree, so that could be any time period. In my working life that period has been 2 or 3 years.

You could be offered a new contract in a take it or leave it scenario and be told if you don’t sign it you’re effectively resigning.

I believe that can be construed as constructive dismissal if you wanted to persue legal action but others here who’ve been through that can advise better.

MrsPinkCock · 14/12/2024 08:37

Are mileage and associated expenses specifically covered in your contract?

When you say “merged”, did the identity of your employer change, or did they buy out the other company?

It might be actionable if it was a TUPE scenario - either as a change voided by TUPE, or as “measures” taken (if they are a result of a transfer and not for an economic/technical/organisational reason). But TUPE is horribly complex. And even without it, the basic position is they can’t change a fundamental term pertaining to pay easily. (Assuming it is a contractual term)

What your actual financial loss using the new calculation?

daisychain01 · 14/12/2024 08:48

There are HMRC rules about mileage claims and reimbursement

Commuting from home to office is not permissible for mileage claim purposes:

What does not qualify as a business trip is commuting from your home to your workplace, or trips that are personal and clearly not for business purposes.

the caveat is, anyone who is fully approved as a home worker can claim mileage to an office because their normal place of work is home.

HMRC mileage rates for 2024-25 for cars and vans are

  • 45p for the first 10,000 business miles
  • 25p for each business mile after the threshold of 10,000 miles

the above rates allow for wear and tear.

we will only be paid for the fuel (as detailed on the receipt) not for the miles

this doesn't make sense - how will it work to present them with a fuel receipt when that receipt could be for any amount - you need to firstly calculate your mileage and apply the rate your company has stated in their policy, which is normally HMRC rates for cars.

your employer doesn't need to approve membership to a union, you have a legal right to join a union, as they can represent your best interests. ACAS are really good for general employment best practice, so it's worth talking through it with them, but the above principles respond to the point in your OP.

luckylavender · 14/12/2024 08:48

They can't just change the rules without telling you

CyranoDeBergerQuack · 14/12/2024 08:53

thecannister · 10/12/2024 15:46

The company I work for recently went through a
merger. They are looking at contracts, so we still have different processes, benefits etc for now. I think ours are slightly better (more holidays for example) but they want to harmonise everything eventually. I think this will be sometime next year. I haven't received any official letters or an amended contract yet apart from my line manager changing (previous manager took voluntary redundancy).

For context, our contracts are fully remote with occasional travel for team meetings/events. The company has always paid for any expenses, mileage, accommodation if needed. The company that we've merged with are on a hybrid contract and the team all live within 30 minutes from the head office. They can't claim for any travel expenses to and from the office, only if they have to travel somewhere else. Obviously we can because our contracts are different. We also live 2-4 hours away.

The company has always paid per mile to cover fuel and any wear and tear. I went to a team meeting last week which was the first time since we'd merged. I submitted my expenses yesterday and was told that they've recently changed it so that we will only be paid for the fuel (as detailed on the receipt) not for the miles, nothing official, just in a conversation on teams. My new manager isn't much help if I'm honest.

Is there anything I can do about this?

Your terms and conditions should be protected under TUPE rules. A new company must offer the same or equal employment T & Cs, or compensate for the difference for a negotiated period of time. For example a Co I worked for hadxa free canteen. It was binned when we were taken iver, but we recieved a monetary compensation per annum for about 3 years
Do you have a union?

daisychain01 · 14/12/2024 08:56

I believe that can be construed as constructive dismissal if you wanted to persue legal action but others here who’ve been through that can advise better.

it would be arduous and expensive to argue CD if the two merging companies play by the rules and are procedurally accurate in how they undertake TUPE, for example ensuring all contract wording is clear on any contractual changes and if they're going to transfer all the same work conditions and remunerations over, a timeframe commitment as to how long they agree to maintain that status quo before being able to change anything.

I've known companies to commit to no changes for the first 6 months following TUPE and literally 6 months + 1 day, they announce they'd be changing a lot of T&Cs, eroding benefits, but that was US...

DurinsBane · 14/12/2024 08:59

thecannister · 10/12/2024 19:06

Thank you for your replies. Unfortunately my new manager is awful, not clueless, just awful and doesn't have the skills to manage a team. He really doesn't care or take any interest and has fobbed me off when I raised concerns previously so I would rather not go through him if I can help it. The company we merged with has a terrible reputation in our industry but that's another story.

I'm not part of a union either, this is a private company. Would it be best to speak to someone in HR?

You can still be a member of a union with a private company. Yes maybe less likely to get collective bargaining agreements etc, but they can still advise and support you

SquishyGloopyBum · 14/12/2024 10:19

Talk to HR. They aren't there to protect you but they need to follow the rules and can tell your manager if they are acting wrong.

ACAS if you have no luck.

You are able to claim mileage from home if you are a contractual home worker. The pp wasn't quite correct in terms of HMRC rules. Hybrid working is different.

tanstaafl · 14/12/2024 12:00

daisychain01 · 14/12/2024 08:56

I believe that can be construed as constructive dismissal if you wanted to persue legal action but others here who’ve been through that can advise better.

it would be arduous and expensive to argue CD if the two merging companies play by the rules and are procedurally accurate in how they undertake TUPE, for example ensuring all contract wording is clear on any contractual changes and if they're going to transfer all the same work conditions and remunerations over, a timeframe commitment as to how long they agree to maintain that status quo before being able to change anything.

I've known companies to commit to no changes for the first 6 months following TUPE and literally 6 months + 1 day, they announce they'd be changing a lot of T&Cs, eroding benefits, but that was US...

Edited

My understanding is if the employer imposes contractual changes without discussion, notice, negotiation in an accept it or resign scenario, the employee has a case for constructive dismissal.

As for TUPE it protects ( continues ) your current T&Cs but might not protect every last little bit ( is my understanding ).

In OPs case the merger sounds like a mutually agreed decision between the companies rather than a hostile takeover.

Unfortunately for OP their manager sounds like they’re keeping their head down , not rocking the boat, rather than representing their team and taking an active interest in the changes. ( but they’re trying to keep their job too )

Oblomov24 · 14/12/2024 19:05

Tupe rules still apply under a merger.

GRex · 14/12/2024 21:46

You don't usually have a right to specific expenses, because contracts usually refer to the policy and employers can vary expenses policies at any time. That said, major changes should have consultation and a notice period to come into effect, which you haven't had. Your best option is to ask HR to give advice on what the new policy is, when it applies from and if in doubt ask them when it was communicated (to see if you missed it being sent out). They might agree to pay this expense, but ultimately be prepared it is likely even if challenged to be considered fair for the company to choose to only refund the mileage with no additional payments. Very occasional travel from your own home is not similar to the type of wear from daily site visit type of activities where you might have more of a case. You could also choose to take the train or bus instead if it's an issue.