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Changes to Terms and Conditions

6 replies

Hardtofindafreename · 28/05/2022 00:20

If a company is taken over and I get a letter stating there would be " No change in terms and conditions" would the new company be justified in trying to say that annual pay reviews, which were regular in the old company, aren't part of Terms & Conditions? What should be covered by T&C?

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VioletToes · 28/05/2022 00:22

What does your employment agreement say?

If it says you'll have a yearly review then the new company should continue.

Usually contracts say you will not be entitled to a bonus etc.

Hardtofindafreename · 28/05/2022 00:25

Contract is over 30 yrs old but no, it doesn't say that. It has been precedent though

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Crazylazydayz · 28/05/2022 10:04

I assume it was a TUPE transfer which are notoriously complex. Please speak to ACAS as you will need expert advice.

WRT annual pay reviews, all this means is they review pay annually there is no promise of a pay rise as a result of the review.

TizerorFizz · 28/05/2022 23:58

A TUPE arrangement means you cannot be on worse terms. A man employment contract can be arrived at by “custom and practice”. ACAS has info on their web site about TUPE agreements and what must be in a contract of employment.. However if you look at what must be in the written terms of a contract of employment, it is not a legal requirement to have a pay review. However as you have had it, I would say it would worsen your contract terms if it was dropped. However it won’t be written down anywhere as you have discovered. So defend your position by arguing custom and practice and implied contract terms (unwritten and presumed agreed) which should be maintained so you are not worse off.

TizerorFizz · 28/05/2022 23:59

A man!!! An employment contract…..

Hardtofindafreename · 29/05/2022 20:49

Thank you @TizerorFizz, very helpful.... especially the "man " contract 🤣🤣

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