TUPE - can they pick and choose ‘favourable’ terms?

[PureBlackVoid]

I am due to have a meeting about this soon but I would like to get an idea of what is usual practice.

I am TUPEing over to a company that generally has better terms - holiday, pension, sick pay etc. They also pay better for my job role and have a bonus scheme.

It has been stated that our pay and holiday entitlement is protected. However we are also moving over to their better terms for the other benefits listed above, but they have not mentioned if this applies to the pay and bonus.

The new company has the same salary across the board for the same job roles, with performance based pay scales. The lowest banding is still higher than what we currently get paid. In my current company we have no bandings or bonuses, just a basic salary.

If they have decided to give us better terms in some aspects, can they still choose to ‘honour’ our current salary (meaning we would be paid lower than their existing employees for the same job)?

I have been Tuped

I went across on exactly the same T&Cs as my original contract

Nobody can answer this except them. But if they are improving anything, you are lucky, as that isn't common at all. They only have to honour your existing terms - so in a nutshell, no they don't have to improve your pay / bonus. Different pay and terms is very common post TUPE.

Yes they can. Legally all they have to do is ensure you're not worse off after the transfer. So as long as you're not going to be on less salary, hours, annual leave they cam move you onto their own benefits if the same or better.

Thanks all

I got tupe but my t&c were a lot better than where I was going to (£10k more and bonus more holiday etc) so kept my old ones.

but we have a new bus that is trying “level up” the team. But doing to by trying to reduce what me and two others that are on the old t&c get instead of increasing the pay the others get.
he won’t win!

Hopefully not. But it isn't all that hard to ditch TUPE protections if an employer is so motivated. People often think they are protected forever, but they aren't. Their terms are protected at the point of transfer, and it isn't impossible to change them after that point - even soon after that point. The employer must follow a fair process of consultation, but they can impose changes if done correctly.

If the new company are paying better wage & T&Cs

Once you have started work at the new place, can you apply for a new job there ?

You may loose your years of service, but that might not matter to you