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Tupe transfer


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Hi this is my first time on here and I really need some information

I have just went through a tupe transfer 3 days ago and my new employer is looking for my previous contract. I don't know much about tupe and so far they have cut one girls hours, she was told about 2weeks ago that they could do this but she didnt realize that she could object so she agreed and then she found out that they had to give her 30 days notice but they tried to get her to loose her hours quicker than the30 days.

I am the supervisor on site and because of what has already happened I am very nervous about what to hand over and what not to hand over. Can someone please advise.

 

Thanks

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Any change in terms and conditions must be to the benefit of the employee and not the detriment. (there are few exceptions). It could be argued that a reduction in hours is an unlawful deduction from wages.

 

Quote from legislation

Where a business has been transferred and the new employer reduces an employee’s wages, for example, by cutting wage rates or bonuses, or imposing unpaid overtime, an employee who wants to object should do so in writing. The employee may then make a claim to an employment tribunal, under s13 Employment Rights Act 1996, that there have been unauthorised deductions from her/his wages. S/he may need to raise a grievance before making a claim to the tribunal.

 

 

Write a letter of grievance in the first instance clearly outlining any changes you object to.

 

Thew employer may argue that he/she does not have original copiesof contract, however it can be argued that the current employment terms still exist through custom and practice.

 

Come back if you need further info as the legislation surrounding TUPE is somewhat lengthy.

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Welcome to the site.

I will move your thread into Emloyment forum

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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  • 10 months later...

Hi

Welcome to The Consumer Action Group.

 

 

I am just letting you know that as you haven't had any replies to your post yet, it might be better if you post your message again in an appropriate sub-forum. You will get lots of help there.

 

Also take some time to read around the forum and get used to the layout. It is a big forum and takes a lot of getting used to.

 

 

Once you start to find your way, you will soon realise that it is fairly easy to get round and to get the help you need.

 

It can be bit confusing at first.

Please be advised that my time will be limited for the next few weeks.Thanks for your understanding.

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