TUPE question

[seb1]

After transfering under TUPE can new company change your conditions such as

1. Reduce holidays by 1 week per year
2. Remove ovetime premium
3. Remove or reduce shift payment

You are doing the same job are previousily at the same location and they have being hounouring your old terms/conditions for 9 months?

seb1 it sounds as though your new employer might be trying to 'harmonise' your terms and conditions with their other employees, is that correct?

It's perfectly legitimate for a company to try and do this, and is fairly common after a TUPE, but they can't force you to accept these changes, particularly where they involve serious financial implications to the employees.

Have a read here about what an employer needs to do in order to change someone's terms and conditions, and here about what to do if you don't agree to the changes.

Those are quite significant changes you are talking about, and given the impact they have on employees you would be perfectly within your rights to refuse to accept the change.

Are you in a union? They should be involved if so and I can't imagine they'd let this happen easily. Either way, if it was a TUPE there are probably quite a few people involved I imagine so refusing to accept all together as a group will be better.

I'm not a legal person but have transferred to a new company under tupe and as far as I was everything stayed the same and they had to match the benefits from your old company,... however I may be wrong.

JHKE that's right they do, and they have, but if any company wants to change someone's terms and conditions, they can try to do so.

TUPE is not directly relevant now as such, it's more about whether an employer can change someone's terms and conditions or not. In this case it doesn't sound like a reasonable proposal, so the OP and her colleagues should refuse to accept.

Thanks guys and sorry for the spelling in the first post.

The key points here are whether the variations are for a reason directly connected with the transfer and whether or not the company who took over have an "economic, technical or organisational" reason for doing so. If it is simply to harmonise terms and conditions then this is unlikely to be an ETO and would fall foul of the regulations.

Hope this assists.

I was tupe'd 2 years ago and am intrested in signing a new contract for my employer.Will doing this dismiss my right to being tupe'd again if my employer does not regain the contract when its up for renewal?
any help on this senario is much appreciated...thanks :)

Goodness this is an old thread!

billythekid you can't sign away your right to TUPE, so a new contract with your existing employer won't prevent you from being TUPE'd across if the appropriate circumstances arise. Are your current employer trying to put something in the contract getting you to sign saying you won't be TUPE'd in those circumstances?

No they aren't trying to put anything in the contract like that.I just thought if I signed their contract my t&c's obvs change but if they loose the contract when it due for renewal I would have to go with the company and work elsewhere in the country for them,whilst my colleagues that havn't signed a new contract stay put and work for the next company who wins the contract??