Old contract not honoured by Agennda for Change

[nafe]

I am writing this on behalf of a work friend in need of help as his union rep wants nothing to do with this case.

I am a technician for the HPA (worked here for 34 years) who have been assimilated to AFC.

I am one of a small number of people whos contract before AFC stated that I had payment protection. Currently my salary is over the top for my AFC pay band (band 4). After lenghty talks the AFC people have decided that my old contrat means nothing and will not honour my payment protection as they say that it is a local agreement and does not affect AFC.


At the moment I am still on my old contract but by 2011 I will have to either sign the new AFC contract and miss out on a number of years of cost of living increases meaning my salary, pension and lump sum will be affected. I could also freeze my money but this results in the same problem and I could also change over now to AFC but I will take a big pay decrease.


Surely a written contract is leagally binding, how can they not honour this?


Any help would be great.



Nath

[Ell-enn]

Sorry - can you explain:

Who or what HPA and AFC are?
When you say HPA has been assimilated to AFC do you mean taken over by them?
What exactly is your payment protection?

Just need a little more info to get this right.

[nafe]

Hi and thanks for the quick reply.


HPA is the organisation I work for and they became part of the NHS which has adopted a national pay rate for all NHS services broken into bands 1-8 called the Agenda for Change (AFC) My job was matched to pay band 4.

The HPA pay grade system has been assimilated to the Agenda for Change system by the NHS.


My old contrat was with CAMR (who were taken over by the HPA) that stated I had indefinate Payment protection. The HPA (before they were taken over by the NHS) did not question my contract in any way.


Thanks


Nath

[Ell-enn]

If you were taken over under TUPE (Transfer of Undertakings Protection of Employment) then your current contract terms and conditions should be honoured.

see this Transfers of Undertakings (TUPE) - BERR

[nafe]

Thanks again,

I will show him this tomorrow and see if we can come up with anything with the union adviser (although he has been way less than helpful).


Many thanks,


Nath