Tupe law

[michael2004]

hi

 

I have posted a few posts looking info. but in between repleys i have been looking at posts on TUPE law.

 

the story is 5 years ago july 2006 the company i was with was bought over along with another company

they were formed into a new company. Now looking at TUPE law my job title & contract of employment, terms and conditions move with me. Now every time i ask the company anything they always say im on a different contract.

 

It says they should change my terms and conditions with in 2 months in writing. It is now may 2011 and i have only now been offered a new contract & terms and conditions. I was never offered a new contract which forms part off my other grievance.

 

so what i'm really asking is can they say now that my old contract is invalid and i have been under there terms and conditions with out them giving them to me or offering me a new contract before now?

 

Also they say all terms and conditions are the same is that true ?

 

Are do they have to give them to me? As my old company never had a booklet?

 

many thanks

michael2004

[postggj]

Any objections should have been made prior to the take over

 

when you are tuped, you enter a consultation period and when the two companies merge a method of harmonization takes place to unite both companies into one. This takes about 18 months to two years.

 

in what way are you on less t&c then before

the problem you now face is as its been so long

 

custom and practice kicks in

[michael2004]

Any objections should have been made prior to the take over

 

when you are tuped, you enter a consultation period and when the two companies merge a method of harmonization takes place to unite both companies into one. This takes about 18 months to two years.

 

in what way are you on less t&c then before

the problem you now face is as its been so long

 

custom and practice kicks in

 

custom and practice kicks in yes if i was argueing i was say doing something different which then becomes work in practice but i am not doing anything different than before we were TUPE over the company have kept telling me i am under a different contract. so can they use there terms and conditions or use my old ones it is only now they trying to hold a disciplinary under there terms and conditions but when it comes to holidays job title working hours im under a different contract. that can't be legal can it?

 

 

Also one other thing i am the only person still under the old contract were everyone else has or on the new contract. when i was offered the new contract i was not happy with the changes so was in negotiation with them which broke down so i was taking redundancy as couldn't agree with the changes.

 

you say i should have objected before the take over how can i object when i have only found out that the contract and terms will be different than my old ones.?

which demotes me from what i was changes my works hours don't pay overtime have to work weekends and so on im sure they have to be different terms and conditions which no one would agree to so i hope they cant say work in practice.?

 

as for lest t&c well we all have are stranded T&C but then companys add there own T&C in a booklet but one company's alleged ofence might not be an alleged ofence under the old T&C.

 

EXAMPLE : one company pays some of there employee's cash, the other company says it's a gross misconduct ?

Edited May 8, 2011 by michael2004

[postggj]

but when it comes to holidays job title working hours im under a different contract. that can't be legal can it?

 

YOU ARE CORRECT

 

THERE IS ONLY ONE CONTRACT OF EMPLOYMENT

 

THAT WOULD BE THE COMPANY YOU TUPED OVER, THAT GOES FOR ALL T&C

 

YOU SAY YOU OBJECTED AND WERE IN TALKS OF REDUNDENCY WHICH IS CORECT, YOU CAN

 

accept the changes

work under protest

accept redundency

 

you chose the redundency package

 

what happened to that negotiation and why are you still employed

[Sidewinder]

There is nothing in TUPE which says that your contract HAS to change, but over time, there may have been subtle changes, which if not contested, could easily have become part of a 'new' contract. There is also no specific length of time after which TUPE ceases to apply, however after almost five years it is likely that the 'new' employer would not be bound by it's terms.

 

What parts of your contract are they looking to change. I think we could do with a bit more detail.

[michael2004]

well the problem is i was employed as an Area Manager which i told i was still doing in the new company as nothing had changed ie i was doing nothin g different.

they then decided they needed only one Area Manager which they give her a pay rise. They offered me a contract which demoted me to an Assit Manager and offered me an 18p payrise (an hour). I later found out with the other Assit Managers that were offered the same contract as they offered me they offered them more than 18p. well as u could guess i wasn't happy so put in for redundancy. I just wanted out of the place.

 

The problem now arises over they now trying do discipline me with a gross misconduct which everyone knows what they up to (don't want to pay me the money). That's were im arguing over my T&C as in my contracts t&c i can't see it been an offense that they have alleged i have committed.In the disciplinary hearing they agreed i am under a different contract so should be dealt with under my T&C and wanted to carry on with the hearing i objected as i knew they would have dismissed me (NO WAGES) so at the minute im still on full pay. they said all T&C are the same i told them how do they do that as it's not a standard t&c

 

The charge is i paid cash to an employee for work. now some places pay there employees cash so as i say they all can't be the same. infact it was paid thou another employees wages with her agreement which the company knows as they have/can check the payment for the job. But as i say they trying to get out of paying my redundancy.Now one of the problems i have is the person has left the company that had the money paid in to her account ( it's the nature of the job im in cleaning)

 

any help would be gratefully

 

michael2004

[michael2004]

just an update.

 

after seeking legal advice i was told that the company can do what they want. but it don't make it legal and leaves them open for an unfair dismissal case. which don't help them is they give me the t&c 5 minutes before the disciplinary hearing. As there is no time limit on TUPE if company keeps u on your old contract then u still under them terms.