DH worked for company A & was paid 'monthly in arrears'. That is, he worked all month, then got a paycheck at the end of the month.
Company B bought company A out. DH refused to sign the contract offered because to do so put him on inferior T&Cs so he was protected under TUP(E) Regulations.
He was approached a fortnight ago, and told that they wanted to shut down the payroll for Company A, but can't because DH hadn't transferred. If they kept all of his T&Cs except for the employer name & weekly pay, would he sign a new contract. He was assured that the only difference would be being paid weekly rather than monthly.
The contract came with a covering letter, stating as discussed all T&C's remain except transfer to Company B as employer & weekly pay. The contract states 'pay is weekly on Friday in arrears'. DH was told verbally that it would take effect from 01/02/10.
Friday 05/02/2010 came - no pay. We thought perhaps they had decided to wait until next month. Today, DH phoned his work, and was told it is 'arrears and week-in-hand'. i.e. He will be paid on Friday this week for last week's work! Nowhere does his contract mention 'week-in-hand'.
Can they do this?? We would never have agreed to the sign-over if we were told that we would effectively end up losing a week of pay until he leaves the business. We will struggle to pay the bills as we have 3 children and he already earns under £15k.