Tupe question

[Lauren1983]

My DP was tuped over from company A to company B. In his contract from company A he got 20 days holiday plus bank holidays. Company B give new employees 25 days plus bank holidays. Company B are keeping him on the 20 days holiday.

Does he have any legal rights to a new contract with company B? His wage is the same as before so he is not benefiting from being tuped apart from not losing his job.

No he transferred on his terms. He would not have been able to be transferred on less favourable terms than he had at company A. So if they tried to transfer him in on 15 days that would not have been allowed. However they do not have to give him more favourable terms.

Thank you for your reply. It appears it is legal so not much we can do then.

No but when he next has a review or a pay review he could raise it and say that he hopes he will bring his terms in line with the existing employees. However he may need to check whether he gets better pension/pay/other terms before doing that!

www.gov.uk/transfers-takeovers/transfers-of-employment-contracts

The only benefit he gets is he has to give less notice if he leaves. I have a feeling they will suddenly expect him to adhere to the other new employees contract in that regard if he does leave!

Nope. He could ask to change his contract but he can’t pick and choose and they have no obligation to let him switch to the other terms

@Lauren1983

The only benefit he gets is he has to give less notice if he leaves. I have a feeling they will suddenly expect him to adhere to the other new employees contract in that regard if he does leave!

They can't as he has transferred his contract terms. However he may consider more days annual leave would offset a longer notice period and thus this be a factor to consider when deciding whether to be put on the same terms as the existing employees at the takeover company