Change of pay day

[Mumthedogsbeensick]

I work for an independent opticians which employs 8 staff members. Our employer has recently sold the business to another independent opticians ( I was told 15 minutes before the new owners arrived!) Nothing has been discussed with us regarding TUPE or anything like that. We all received a letter a couple of weeks ago welcoming us to the company and informing us that instead of being paid weekly we will be paid monthly on the 28th of every month commencing 28th January. Our last weekly pay will be the end of December. Plenty of time to amend direct debits etc but my question is are they allowed to do this? I assume that when they took the company over we keep our existing terms and conditions? This is all new territory for all of us and I'm hoping some lovely MNetters can give me some advice.

Hopeful bump

Most contracts will include a clause that pay dates can be changed.

As they have given you no details under TUPE your contract still stands
Have you got a copy you can look at

Check your contract but it is likely that pay dates can be altered with notice. Decent employers would offer loans to help with the transition.

As PPs said, yes they can do this. And again, decent employers will offer a wage advance loan to help cover the transition

So you probably haven't been TUPE-d because you were probably employed by a limited company, and it will have been the shares of the company that have been sold. (You (or me, if you PM me) can look the business up on companies house to check this.) This means you are still employed by the same entity, it's just owned by someone else, which means TUPE doesn't apply.

However, given that, the terms of your previous contract will still apply. Dig it out and see what it says about pay frequency and dates.

Thank you for your replies. I will dig my contract out in the morning and have a look. Everything is so vague at the moment and coupled with the fact we have been presented with a new computer system with zero training (having previously done things the old fashioned way with an appointment diary and paper records) we all feel very stressed and confused!

My employer changed our pay date (put it back 2 weeks). They consulted and gave months of notice, offering bridging loans to anyone who needed one. A few people objected very strongly. Employer proceeded with plan but as a compensation all staff received 3 days additional AL over 3 years!
We all got a formal printed letter outlining the change to our contract terms.

I dug our my contract and nowhere does it mention that the dates I get paid are subject to change.

@Nacreous just had a look - we were a limited company and have been taken over by a limited company but I haven't a clue about TUPE so didn't know it didn't apply. Thank you for help.

If you are employed by the same company TUPE does not apply. If you are now employed by a different company TUPE does apply.

Regardless of whether or not you've been TUPEd, your contract says you are paid weekly and does not say anything about that being subject to change. That means they cannot switch you to being paid monthly without your consent. If they do you could claim for breach of contract.

I would think that prh47bridge is right. Check what your contract says about payday.

They can change your pay date but with consultation. Ring ACAS to get some proper advice. Are you prepared to rock the boat or will you just accept the changes? I honestly don’t think you will have a choice, not if you want to keep your job.

I agree with prh47bridge too.

To add to my previous post we all had to sign a letter to confirm we accepted, which I expect was a legal thing.

TUPE applies when there has been a transfer of a business and assets from one employer to another. Employees transfer to the employment of the purchaser and retain their existing terms and conditions of employment unless changes, including pay date, were disclosed to you pre transfer. It sounds like you would have a case for Employment Tribunal for failure to consult on proposed changes. I would suggest you contact ACAS or a solicitor (many will take tribunal cases for a % of any successful judgement).