Our company was taken over, and TUPEs apply. The new company sent a letter to "dear colleague" to the company address, stating that our payment terms were being changed - "please take this as 90 days notice of the change".
We have all responded as signatories to a letter (which I wrote) saying, inter alia;
a) TUPE applies.
b) 90 days notice of change of ts and cs is outside the law - 90 days relates to the notice requirement on the previous contractor to employees when a transfer is going to happen.
c) After TUPE, any changes to ts and cs must be negotiated with and agreed by the workforce/union (we are not in a union).
d) Any change not covered by c) must be a genuine TEO reason, or it is automatically void.
The letter asked the company to rescind the letter about payment changes and to write again to all employees giving the reason(s) why they wanted to make the proposed change, so that we could consider the reasons.
I do hope that the above is correct. If not, then I am blown out of the water. If it is right, and they still try/make the proposed changes, do we have to go to an Industrial Tribunal? If so, how do we do that, when do we do it and is there an alternative?
Many thanks for any opinions.