Things changing after Tupe

[gttia]

Need some advice regards changes following a take over.

I work just under six hours a day, my contract says a 30 minute break within this time to be taken, my new employer has said I can't have a break at all due to my hours.
I can do something else for half hour every day as time away from the screen.

Is this right, can they do this?

I'm pretty sure once you work 5 hours you have to have a break. I'm sure there is a law about it. Check out ACAS website.

Your contract can't be changed after TUPE without consultation and agreement other than for exceptional economic reasons s. Contact acas for advice.

You have to work 6 hours to be entitled to a break, of at least 20 minutes, so technically they're correct.

The question is whether they can impose this in place of a pre-existing contract which gave you different rights to a break.

The time away from your screen will be to do with display screen work and taking regular breaks from the screen so isn't relevant here because they're still expecting you to be doing something work related.

I'm afraid I can't help as to whether their new T&Cs can override your exisyting contract. hopefully someone else can shed light.

@cryingshame, you are wrong. Ops previous contractual rights are protected under TUPE legislation. The new firms terms and conditions cannot be imposed on her.

So to make it clearer, the hours I work have included a lunch break, contracted. Which means under my contract I am paid for a lunch break, no one else in my office has this, there's is unpaid. It seems an error was made two years ago when my contract was signed.
So can I force this under tupe?

If I can't force it then I am no longer entitled to a break because I work less than six hours.

Thanks for you replies - all very helpful

Yes you entitled to it under TUPE. It does not matter that nobody else is. After TUPE people sitting next to eachother often have different terms. But call acas for free advice and help.

They can't just take it away if you have a paid lunch break of 30 minutes in your contract. Your terms and conditions are protected and just because you've transferred to a new employer doesn't mean they can just change it.

Having said that, when they realise they can't just change it, I would expect them to take steps to start to consult on it and then to change it eventually. 'Buying it out' might be something they propose, and certainly if you change jobs, change hours or seek any changes to your terms and conditions yourself, like a flexible working request, promotion or similar, expect them to use that opportunity to write it out.

If it's in your contract, they can't take it away. But the six hours thing is legally correct. They might start a consultation process to get you change, but they cannot impose the change unilaterally. You could try to negotiate something that will suit you both.