Does anyone know anything about Tupe agreements?

[letseatgrandma]

My DH and others in his department were moved over into a London council department 2 years ago under the TUPE agreement. Since then-others he used to work with in his old company have been given pay rises and people he works with in the council have been given pay rises but he hasn't!?

The TUPE agreement, as far as I can make out, was supposed to protect him, but it seems to have just trapped him on his old salary with everyone around him progressing! The council haven't taken him on onto their terms and conditions, so he is on eg less holiday than the council workers. Is this usual for TUPE? He seems frustratingly stuck at the moment with no prospects-is there anything he can do?!

After 2 years later? I thought it only lasted for 6 month or something.

I've been tuped twice, the last one a year ago and we get all the same perks and whatnot this company gives.

I am an employment lawyer.

All TUPE does is protect his continuity of employment and it means that his terms and conditions can't be changed without his consent.

If he is doing the same work as the other council workers then he should be on the same salary as them but he can't cherry pick and,for example, expect the higher TUPE protected salary but the more favourable holidays.

He also can't expect pay rises if for example they are on a lower salary than he is. He will have been red circled on his TUPE protected salary until his co-workers catch up to him.

If he is actually being paid less than his co-workers then TUPE is hurting him and not protecting him and he would be advised to approach the Council and ask to transfer to their terms. Most councils will bite his hand off.

It doesn't sound like the pay thing has anything to do with TUPEf both old and new colleagues are getting raises. He needs to bring the matter up with his manager and ask if there is a reason why he's not getting the same raises.

WRT holidays etc, "harmonisation" of terms is absolutely not allowed during or immediately after the TUPE, but tbh after a few years it's pretty unusual if a certain amount of levelling-up hasn't been done, IME.

If its a council then they will have implemented single status and so will want him on their terms

I don't think he is cherry picking. He wants to be taken onto the council terms-those doing a very similar job in his 'new' council department earn about £8-10k more than him and all get 5 more days holiday.

He wants to be taken on under the council terms and conditions. They are really pleased with his work, his users think he's great, but he is fed up he's being paid so much less than those he's working with (he's got comparable qualifications/experience as well--a degree and MSc with 15 years experience).

Name change fail there!

Are any of them female? if so he should raise the issue of equal pay and watch their faces pale.

He should be paid the same as workers rated as equivalent. TUPE can't be used to keep him down (only as a defence for why he's on better terms).

It does sound though as if something else is going on if others have transferred to council terms.

No-sorry, I didn't make that clear. They haven't transferred other people to council terms either. They haven't moved him over (despite him asking), because they say they don't want to be accused of being unfair on the others.

Some of the people he works with are female, yes-but they are existing council staff who weren't TUPEd over.

What would you suggest he does, Atticus?

Doesn't matter whether the females were existing council staff, he can still use them as comparators.

He is now a council employee and treated legally as though he has always been a council employee.

He has the right to be paid in a non discriminatory way. TUPE should not be used to keep him down. The Council are misapplying the law and making a mistake.

He should approach them and say that he has been advised that he would have a claim of equal pay naming his female colleagues as comparators. His role has been rated as equivalent to theirs under an analytical job evaluation scheme. As such he should be paid the same.

Raise it as a grievance if necessary.

Thank you for the replay, Atticus-I've sent you a PM as well.

It didn't seem fair to be trapped like that-I hope they will do something. There are lots of talks about having to make big savings though so they might just say there's no money to do anything :(

In which case he should threaten a claim. They will change it once they have taken legal advice. Councils can't take the risk on equal pay claims and will be keen to protect their job evaluation scheme.

When my company was taken over we were given the bits of the new contract that were better than ours, and we got to keep the bits of our contract that were better than the new ones. Ive had a few pay increases since then.

They have said that they cant force us on to the new contracts, unless theres a change like a promotion or a change in hours.

You may well have been kimlo but that's not the law.