TUPE wage, discrimination

[Ruby83]

A few years ago I TUPE'd over to a new organisation. I am currently on a higher hourly wage than staff who were already with this organisation, however they have been offered a new overtime rate if they work in excess of 37.5 hours per week. Historically if I do overtime, my overtime rate goes down to that of their hourly rate. I have been informed that I am not entitled to claim the overtime rate, and I have to stay on the lower rate offered. I feel I am being discriminated against because of the contract I already had in place, and therefore my normal hourly rate being higher. The reason given for not allowing me to claim the overtime rate was, "you are on a higher hourly rate than everyone else anyway".
Any advice gratefully received!

When you transfer under TUPE, you’re entitled to retain your old terms and conditions.

You have no entitlement to more favourable terms at your new employer.

Your employer is correct and they don’t have to offer an enhanced rate - it isn’t discriminatory.

You don’t get to pick and choose terms I’m afraid. When TUPEing over and therefore keeping old terms, it is not uncommon for there to be some terms from one employer that are better, and some from the new employer’s standard terms that are better.

If you consider that the new employer’s terms are overall more favourable you could ask whether you could move on to those terms.