Hours cut after TUPE

[HotChocChick]

The facility I work for was taken over to be externally managed last year. All staff were TUPE on existing terms and conditions.

We are now one year down the line. The new company tried to buy us out of our contracts but as they were less favourable most colleagues didn't agree. My employers are now retaliating as they are less than pleased. They are threatening that they will cut hours for all those on existing contracts in an attempt force us to sign. They have taken away duties we have administered for more than 20 years to try and reduce our workload in order to claim we shouldn't be paid for our full shifts. We feel we are being bullied.

Can they do this? What is the point of TUPE if not?

I hate TUPE with a passion one place I worked at I lasted 8 hours under the new employer and quit a job I loved. Total fucking headcase she was.

Maybe give ACAS a ring and find out what’s what?

Agree. We are supposed to be protected. I'm aware that things can change under ETO reasons but this is not that! It's simply bullying down to not getting their way.

Very stupid question... what is TUPE!? My workplace has just been sold to another company and our contracts are being changed...

TUPE is the Transfer of Undertakings (Protection of Employment) Regulations. They apply in situations where your employer changes but you are still doing the same job in the same location. If, for example, you work as a cleaner at a school and the contract is awarded to a different company, your job will transfer to the new company and you will be protected by TUPE. When you transfer under TUPE your terms and conditions remain the same and your continuity of employment is maintained. The new employer can't change your terms and conditions just because your job has transferred. They have to show an economic, technical or organisational justification for the change.

HotChocChick - It sounds like your employer may be in breach of TUPE if they cut your hours but it is not entirely clear. If they are retaliating as you say that is likely to be a breach of TUPE. However, if they are reorganising in order to reduce costs they may be ok. Is there a union? If not, it may be worth consulting a lawyer who specialises in employment law. Check your house insurance to see if you have legal cover.

Prh, those that signed over had their hours reduced but got a pay rise. The pay rise covers the loss of hours- we therefore all receive the same pay!

They want us to sign over as the sick pay is SSP and flat rate bank holiday pay- we currently get a years company sick pay and time and a half for bank holiday working.

We work in catering, externalised from LA to a private company. The hours being cut are our prep time- we wear chef whites so need to get changed once at work and carry out hygiene checks etc. Some other prep tasks that we have administered for more than 20 years have suddenly (straight after refusing new contracts) been given to other members of staff who are not even in our department. We have since been told if we don't 'work' in this prep time it will be withdrawn

Talk to ACAS they are independent. Just google them

Where is your union in this, if you were a local authority, you would have gad one!
And they should have been involved in the transfer.
Phone the branch and ask for the person involved in negotiating the change to get in touch.

Sorry, punctuation and spelling in that awful. Not quite awake,