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TUPE and existing terms and conditions

7 replies

LittleMiss77 · 08/01/2016 20:23

I have been TUPE'd to a new organisation who have advised that if i stay on my old employers terms and conditions I will not be entitled to an annual appraisal or a pay rise, despite this being part of the old employers Ts and Cs.

Are they allowed to do this?

OP posts:
flowery · 08/01/2016 20:29

Your contract guarantees you an annual pay rise? That would be fairly unusual, are you sure that's what it says?

LibrariesGaveUsP0wer · 08/01/2016 20:33

What Flowery said.

If employees TUPE on higher salaries than similar employees in the organisation they have TUPE to, it's quite common to freeze pay rises until things level off.

LibrariesGaveUsP0wer · 08/01/2016 20:34

Oh, and are you sure your contract doesn't guarantee a review. Some do that. Doesn't mean your pay will change.

redbinneo · 08/01/2016 20:37

Join a union and let them advise, Mumsnet on a Friday night does not guarantee good advice.

LittleMiss77 · 08/01/2016 20:37

No guarantee of a performance related pay rise, but does give a cost of living one

New company are saying if you stay on old Ts and Cs, there will be no appraisal, therefore no preformance related pay rise. Cost of living may be given, if agreed by the 'board'

Salaries on old Ts and Cs will be lower than those on new Ts and Cs

OP posts:
HermioneWeasley · 08/01/2016 20:39

If they are honouring contractual obligations they can let your other benefits fall away in the way you've described - it's a pretty common approach

LibrariesGaveUsP0wer · 08/01/2016 20:43

If you have a contractual right to a cost of living pay rise, that would TUPE and isn't at board discretion. You would need to check the wording very carefully though.

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