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Long story short, myself and small team are transffering from a private company over to the council (we run a customer service bulding) and car park

 

We are protected under the TUPE regulations, and was on the understanding that a new contract (council) could be offered as long as it was at least the same or better conditions than we are currently on, or have the opttion to stick with exisiting contract.

 

The Council contract is just about better on all apsects apart from car relsease fee payments (which is less than we currently receive), can anyone please just confirm that the the council under the TUPE need to at least match the payment that our current contract offers?

 

Many thanks

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Long story short, myself and small team are transffering from a private company over to the council (we run a customer service bulding) and car park

 

We are protected under the TUPE regulations, and was on the understanding that a new contract (council) could be offered as long as it was at least the same or better conditions than we are currently on, or have the opttion to stick with exisiting contract.

 

The Council contract is just about better on all apsects apart from car relsease fee payments (which is less than we currently receive), can anyone please just confirm that the the council under the TUPE need to at least match the payment that our current contract offers?

 

Many thanks

 

If only it were that simple. The employer can make changes to contracts which are not as good as existing ones, but they must do so carefully. And they must do so under certain conditions only. I suspect that this is being justified on business grounds - their existing staff have this condition, and given that you are getting better conditions (and they could actually refuse to give you the better conditions and keep you on your existing ones - but a council wouldn't do this) then they will justify it under harmonisation. You can refuse, but if you do you are refusing ALL the changes - including all the things which are better for you - and if they impose it after consultation, I suspect you might find it hard to find a tribunal that will agree that you are being wronged. I'd suggest that you consider whether you are really loosing out here when the offer is "just about better on all aspects"

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I am a barrister specialising in employment law, and only represent employees. My advice on employment issues is advice - not legal opinion - and is based only on the facts you provide. If you want an accurate assessment of your case and prospects, you should get legal opinion from a lawyer - not a public forum. Anything I tell you is for guidance only, and is based on my experience of the law in the context of what details you provide.

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Thanks for your reply.

 

Yes overall we are better off on new contract, but obviously trying to get them to match all aspect where possible, were not talking much in terms of pay (£25 call out payment + 2 hours pay) the council will only pay us 2 hours pay and no call out fee but we feel this £25 fee is justified as the hours are unsocialabe and there is a risk element involved .

We made our point clear with them today and the manger seemed to let on there could be some flexability, but we will wait and see.

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I see your point - but the legal right is to the SAME conditions (and it is neither an absolute right, nor one that lasts for ever), so in law they did not have to better your conditions at all. Given that this is a council, I would have been very surprised if they didn't do so - but as I said, they didn't have to. So as soon as you start changing anything (and most of this is with your agreement) then it is all up for grabs! I have to say that I am surprised the manager said this - Council pay and conditions are union negotiated agreements and they have little flexibility from those agreements. If they agreed to this for you they should agree it also for all their staff - and as things stand council's cannot afford to increase costs. I suppose you may be lucky - but do not be surprised if HR come back with an emphatic no.

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I am a barrister specialising in employment law, and only represent employees. My advice on employment issues is advice - not legal opinion - and is based only on the facts you provide. If you want an accurate assessment of your case and prospects, you should get legal opinion from a lawyer - not a public forum. Anything I tell you is for guidance only, and is based on my experience of the law in the context of what details you provide.

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hmn

 

If your council HR are astute they may respond with a "as the rest of the terms enhance and uplift your package we have offset the difference with the lesser release charge rate"

 

As your better off it sounds like a "cake and eat it query" ;)

 

 

If your on better pay in total now i'd advise you to pursue being totally migrated to the council T&C's which are very much protected in many areas and get as far away from the tupe conditions as you can

 

as i'm no expert in tupe i'm not sure if you can do this but I don't see any argument to support your query

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If your on better pay in total now i'd advise you to pursue being totally migrated to the council T&C's which are very much protected in many areas and get as far away from the tupe conditions as you can

 

as i'm no expert in tupe i'm not sure if you can do this but I don't see any argument to support your query

 

Yes, I would say that you are correct. A change to council conditions doesn't mean you won't be made redundant, for example, but I would lay bets that the conditions will be better working conditions, more secure, and if redundancy looms with your continuous service intact, council schemes are usually better that statutary terms. I know which I would choose if I had to!

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I am a barrister specialising in employment law, and only represent employees. My advice on employment issues is advice - not legal opinion - and is based only on the facts you provide. If you want an accurate assessment of your case and prospects, you should get legal opinion from a lawyer - not a public forum. Anything I tell you is for guidance only, and is based on my experience of the law in the context of what details you provide.

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  • 3 weeks later...

Mini result, after making clear that TUPE must at least meet or better all conditions of previous contract, a minimum call out fee of 4 hours pay (at what ever the time\daily rate is at the time) was agreed. We were all very happy that an agreement could be reached. Thanks for everyone's comments.

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