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Can DH's work do this?

2 replies

lou031205 · 12/11/2009 18:35

DH works for a firm, and applied for Flexible working conditions. Specifically, to work a 4 day week, with Wednesday as day off, although some flexibility if required on a week-to-week by negotiation basis.

DH's flexible working application was agreed by the company director, (although his Line Manager did not agree with it on principle of making his life awkward) and the agreement was finalised on Aug 28th.

In September, the company was bought out, and the workers TUPEd across to the new owners. This buy-out was known about when the Director agreed the FWA, and he was just waiting for formalities to conclude.

Now, DH has been told that there will be a meeting next week to tell the staff how the company is going to progress, but he has been told off the record that they will not like his 4 day week, and that the company will be pushing for a 6-6 working day.

Currently, DH works 8-5, 4 days per week.
New hours would be 6-6, 5 days per week.

We have 3 children under 4, and the eldest has SN. We can't have DH doing an extra 21 hours per week.

Am I right in thinking that they can simply offer DH the new contract and then terminate him if he says no? Does the FWA give him any protection?

OP posts:
Anifrangapani · 12/11/2009 18:40

IIRR from when we were tuped, an employee has tranferable benefits and the new organisation has to honour the benefits agreed by the old employer. The Contract cannot take those benefits away without offering an eqivillent ( possibly extra days holiday allowance to make up for the inflexability).

He needs to speak to his Union if he is in one or to the person in charge of employee rights during the TUPE crossover.

MrsDenning · 13/11/2009 20:16

No they cannot. Existing terms and conditions cannot be varied without his agreement. Wait and see how it goes.

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