TUPE...but new contract being offered with major changes?

[killagorilla]

Hi,

 

The company I have worked for for the past 6 years was recently taken over and the new employer has offered me, and the whole workforce, new contracts that are vastly different from the current standing contract of employment.

 

The new employer has offered me a new contract that changes my role within the company and I need advice on whether I can refuse this offer and still be legally entitled to a redundancy payment should it come to that? Can the new employer force me to take on this new role even though I am not skill nor have any desire to become skilled at the new role?

 

Any advice on this would be gratefully received,

 

Killagorilla

[Guest Old_andrew2018]

Are you a memeber of a trades union,

[AaronM]

What is there reason for changing all of your conracts?

 

TUPE - Transfer of undertaking preotection of Employment

 

They would be in breach of contract if they chnaged you contract without your agreement, there must be a consultaiton period regarding the chnage.

 

You have choose not to accept the new contract in which case they may dismiss you.

 

They are playing a risky game in my eyes as if you left you could potential claim constructive dismissal in relation to the TUPE transfer.

[killagorilla]

Thankyou for your reply AaronM. I'm very grateful for your assistance.

 

Re the earlier reply from old_andrew2007, I am not a member of any trade unions unfortunately.

 

The new company is an amalgamation of 3 existing businesses, each with different T & C's. The aim of the management is to get all members of staff onto a shift pattern and a new allocated role to fit within the new structure but the role they have offered me is not something I have the necessary skills or desire to undertake, and changes my current contract for the worse from my point of view.

There has been a period of 14 days allocated to accepting the new contracts which probably isn't a long enough consultation period.

Are there any legal requirements on the company with regard to this period?

 

If I refuse to accept then I understand they have the right to dismiss me but my question is; will I be entitled to a notice period, redundancy payment included or will I have no option other than to pursue them thro a tribunal?

 

Barry

 

What is there reason for changing all of your conracts?

 

TUPE - Transfer of undertaking preotection of Employment

 

They would be in breach of contract if they chnaged you contract without your agreement, there must be a consultaiton period regarding the chnage.

 

You have choose not to accept the new contract in which case they may dismiss you.

 

They are playing a risky game in my eyes as if you left you could potential claim constructive dismissal in relation to the TUPE transfer.

[AaronM]

There is no limit on a notice period to vary terms and conditions, just that they have to give resonable notice.

 

If you refuse the new contract and they dismiss you they will have to give you notice which would be 1 year + 1 additional year for every years service. You would be entitled to accrud holiday but as the role is not redundant (is it?) you would not be entitled to this.

 

It sounds very mixed and the only possible reason for varying your contract would be as it causes economical problems that they cannot deal with once every one TUPE's.

 

They should however have consulted prior to the TUPE about this!

[killagorilla]

There was definitely no consultation prior to the TUPE and we (the staff) were only made aware of it after it was a done deal so may be I have some grounds there to fight.

 

My current Job title is Production Manager and the Big Boss is now claiming that, due to the MIS (Management Information System) they have in place, this role does not require human intervention as much as my previous role required. Therefore maybe my role is 'redundant' eh?

 

It is a very mixed bag of poo with everybody having objections left right and centre.

 

I am also being told that sick-pay, which I was enjoying as paid, will now become SSP which is another change I'm challenging.

 

Thanks again for any input on this

 

Barry

 

 

UPDATE:

I have now had a discussion with the Big Boss and he clearly stated that my role no longer existed so I pushed him further on the redundancy issue. He didn't have a clear answer and suggested that we both take a few days to consider our options.

There is no limit on a notice period to vary terms and conditions, just that they have to give resonable notice.

 

If you refuse the new contract and they dismiss you they will have to give you notice which would be 1 year + 1 additional year for every years service. You would be entitled to accrud holiday but as the role is not redundant (is it?) you would not be entitled to this.

 

It sounds very mixed and the only possible reason for varying your contract would be as it causes economical problems that they cannot deal with once every one TUPE's.

 

They should however have consulted prior to the TUPE about this!

Edited June 23, 2009 by killagorilla