Jump to content
lemonpinklady

TUPE'd over - question about pay

style="text-align:center;"> Please note that this topic has not had any new posts for the last 3678 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Can someone please help me with this, I started working for a small charity in June 2008 and was told when I started they could only afford my salary to be £19K as that was all there was in the budget but they would give me an increase in the next year to bring me in line with the others. In May 2009 the charity was virtually bankrupt and was taken over by a larger charity and we were TUPE'D over and am told we are still on the original charity's terms and conditions. My question, if anyone could help me, is that I'm still on my wage from two years ago but any vacancy for a job that is the exactly the sameposition as mine is advertised it is £1.5K more than I'm getting. Is this right that they can still be paying me less? My colleagues who were TUPE'd over with me seem to be on more than the new company. I am grateful for the job but my husband is unemployed and I could really do with more money. When I've enquired with my manager he says its because they haven't taken us on properly because it costs too much and the new charity can't afford it. Any advice welcome.

Share this post


Link to post
Share on other sites

Two angles to look at.

 

1. You have been TUPEd across on exactly the same terms as you were on with the old charity, and those will remain until you are either offered thge opportunity to change to the new charity's T&Cs, or until you apply for a new position with the new charity. You say that other posts are advertised which are equivalent to your position, but are for more money? Could you not apply for one?

2. You are legally entitled to be paid equally for doing substantively the same job as others do, so if your colleagues who came across with you are being paid more then you would have grounds to take that up with the management. It may also be discriminatory on the grounds of your gender?

 

The best starting point is to put in a grievance on the basis that you are not being paid equally to those carrying out equivalent positions, whether already working for the charity, or those who were TUPEd across with you. You can then also ask the direct question, why, if the charity cannot afford to pay you more, are vacancies for your job being paid so much more than you earn?


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

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

DONATE HERE

 

If I have been helpful in any way - please feel free to click on the STAR to the left!

 

Share this post


Link to post
Share on other sites

Thanks a lot for the reply. The positions that are advertised are now on a fixed term contracts so I am reluctant to give up my two year service and am thinking about if we are made redundant (this is welfare to work so we are not sure what the new government may do). I don't know exactly what my original colleagues actually do earn its just that at the meetings about being TUPE'd I heard some of them comment that the salaries of the new company were less than us! its so difficult when everything is behind a veil of secrecy.

 

You made good points and given me food for thought, thanks again.

Share this post


Link to post
Share on other sites

Hi Lemonpinklady

I'm not clear about your statement 'they havent taken us on properly' - you were TUPE transferred, there is nothing further to do iro 'taking you on' - you have been taken on, end of.

I think you may have difficulty in claiming a right to an increase unless this was a contractual term (very hard to argue on a 'promise' or an 'undertaking').

Contracted employees should not have advantages (or indeed disadvantages) against those permanent employees, however, the increased remuneration may be due to them perhaps not getting the same benefits as the permanent staff and therefore end-pay equalises.......not sure without more detail.

First point of action is to launch a formal grievance, setting out your complaint.

Good luck

Share this post


Link to post
Share on other sites

Hi, Thanks for feedback. What I meant by not being 'taken on properly' is that we are still on our old terms and conditions. Apparently it costs to integrate us completely and they say they can't afford it.

If I set out a grievance which is based on the fact that my old colleagues (or at least some of them) are receiving higher salaries than me, which I am sure is true, but no-one will confirm it, would they be obliged to tell me the truth of that matter?

 

Thanks for your time in replying to me.

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...