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Hi myself and 4 others are contractors office cleaners, we all work together in one building in the other building on the same site they have inhouse staff cleaners doing the same hours and job as us, We have just been informed that they (the other cleaners) and us have been TUPE over to one company, now they are contractors too, As they were staff cleaners they were on a higher pay rate and we only get minimum wage.:evil: My question is does our new employer have to bring our wages in line with theres, i know they cant bring theres down to ours, also can they make us clean out the cigarette bucket as non of us smoke and 2 of us suffer with astma. Sorry its a bit long winded, But please can you help we've got a big meeting on tuesday with our new bosses :).

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Hi myself and 4 others are contractors office cleaners, we all work together in one building in the other building on the same site they have inhouse staff cleaners doing the same hours and job as us, We have just been informed that they (the other cleaners) and us have been TUPE over to one company, now they are contractors too, As they were staff cleaners they were on a higher pay rate and we only get minimum wage.:evil: My question is does our new employer have to bring our wages in line with theres, i know they cant bring theres down to ours, also can they make us clean out the cigarette bucket as non of us smoke and 2 of us suffer with astma. Sorry its a bit long winded, But please can you help we've got a big meeting on tuesday with our new bosses :).

 

Hi there. TUPE is a strange and complex animal, which can often create situations such as this. Unless the new employer is minded to harmonise wage structures by increasing yours, all that TUPE requires him to do is to maintain all of your existing terms of employment, which obviously includes pay. The simple answer therefore is that no he does not have to increase your wages as you are still working under your existing contract. There is though a big 'however' involved as it may be that it is in the employer's interests to have all of you working under the same terms, and in that case the increased rate of pay could be an incentive for you to accept a new contract. If that does happen then read it carefully to make sure that you are not giving up other terms which matter more than a few pence an hour. If you are offered a new contract then you would keep any length of service and employment rights which come with it. The consultation meeting is an ideal opportunity to ask all of these questions and you are entitled to answers.

 

The issue of the cigarette bucket is a Health & Safety issue and (particularly) if likely to cause illness should be subject to a risk assessment. The aim of a risk assessment is to completely remove the risk of harm and if this cannot be done then sufficient steps should be taken to minimise that risk. In this particular case it may be considered that dust masks are provided, for example, or the bucket changed for a more suitable receptacle which is less likely to cause a problem when being emptied. You should have a designated H&S rep or if not your line manager who should take this up for you. Smoking is an emotive issue and I can understand non-smokers not wanting to empty the bucket, but I don't think that this alone is sufficient reason - far better to treat it as a H&S matter due to the asthma.

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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