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Hi all...

I am new to all this so please bear with me.

 

I have an enquiry to do with my current job situation.

 

I work as a cleaner, and have done for the last three years. I have worked at the same location for these three years but for two different cleaning companies. It is soon to be the third, the new company take over on the 6th of next month, September.

An area and a regional manager came to see me today to talk to me about what is going to happen and what they expect of me.

They say my wages and hours worked aren't going to change, but I will go from four weekly pay to two weekly pay. I work 6hours a day, five days a week.

Also they want me to have a specific start time, which I have never have done since I started there, I have to rely on public transport and lifts to get me to and from the location as I do not drive.

 

I am going on my first impressions and I do not like them, I do not really want to work for them. I like the job I do now but when these new people come in they want me to have a schedule and it seems to me that they are going to upset my routine I have already there. If these people were in charge when I was first offered the job I would not have taken it.

 

Should I be offered redundancy or a new position from my current employer first, or do I have any rights to refuse a contract from this new company???

 

Any help appreciated

Amie

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This would most likely be covered by the TUPE regulations, and strictly speaking your contract (including any implied terms (such as a more relaxed starting arrangement) should remain as it is. I say should because it is hard to prove that a condition exists through custom and practice, particularly if your contract does actually state a regular start and finish time, and the employer can make changes if there is an overwhelming Economic, Technical or Organisational reason.

 

Under TUPE you should be fully consulted about the change in employer and have the opportunity to ask as many questions as possible. If you were to put your concerns in writing and give reasons why they would create particular hardship, then the employer would be duty bound to address them. With regard to the change in pay schedule, would being paid more frequently actually create a problem?

 

There are various things to look at in terms of fairness. There is no automatic right to redundancy. You can indeed reject a contract from the new employer but that is effectively resignation with no legal redress. If however there are genuine reasons for not agreeing with the proposed changes and they are imposed on you under protest, then there MAY be a case for you to resign and claim Constructive Dismissal - but that is a very risky route to take and any damages would certainly not make it worthwhile. You may also have grounds to look at for a lack of consultation about the change of employer, and (if, for example a change in start time would impact on childcare) a possible matter of sex discrimination, but once again you would need professional advice before going down that route.

 

So - back to what I said before, I would advise a written grievance, stating your grounds for concern over the proposed changes to your contract.


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

 

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Thank you so much for your reply Sidewinder

I have tried reading the TUPE regulations and I can't understand them, can anyone put them into 'Idiots English' for me.

Many Thanks

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