Immenent tupe 1st January 2014

[mr_haggis]

Hi all,

 

Would any one have any thoughts on my situation?

 

I work as a night shift cleaner for a large Catering / Cleaning company. We have know for about 7 months that we were up for retender. Tender was lost few months back and it went to a rival. The new employer turned up last week to show their plans off for the new contract.

 

The current staff set up is 3 Night shift and 1 day time Janitor. Our supervisor retires next month just leaving 2 night shift. All the catering staff and day time Janitor are going to tupe over as a like for like with some getting enhanced contract, New job positions and more holidays etc.

 

Our new employer to be has confirmed that there will be no night shift and that the cleaning is to be done by 14 part time staff in the evening along with a new Supervisor.

 

They said they will be cutting our contract hours by 5 per week and gave us some idea that we will be working possibly a back shift??? They have also said as the client is moving to a new building it is a blank canvas and that everything that will be happening to us will be covered by ETO.

 

I have been with current employer ( no break in employment ) for 26 months but only that particular site for 10 months.

 

Were would I stand for hour reduction and not signing new contract? I cant afford to lose £2400 off a £16.500 yearly wage before tax. I don't earn a great wage so any reduction will have an massive impact on life.

New to be employer has said that they will be paying in arrears and we will have to work a month for 2 weeks pay and will get a full wage after 8 weeks. They said we can borrow from them to tide ourselves over during that time and will take it back when we leave.

 

My current position doesn't exist so could I get a redundancy rather than transfer? Currently hours and loss of money is leaving worse off after tupe.

[Emmzzi]

hello! When you TUPE over, your current terms and conditions apply. What does your contract say about your hours of work, changes of hour and shifts please?

[mr_haggis]

Hi Emmzzi,

My contract says 40 hours paid @ £ph from 21.30 to 06.00 based soley in the clients building. No mention of Tupe or anything like that, Just hours, pay, holidays, notice times from employer / employee just a standard contract.

 

 

 

hello! When you TUPE over, your current terms and conditions apply. What does your contract say about your hours of work, changes of hour and shifts please?

[mr_haggis]

Further to my initial post. I have received notification from potential new employer. They have said in letter, Our current job will not exist on 1st January 2014 and that under TUPE they can justify under ETO all changes they will be making to the new contract. Our jobs will cease to exist on 1st January, So they are telling me that I will have to re-apply for the new positions they have advertised. These positions are five hours less per week along with a reduction in pay. It states if you do not re-apply or are unsuccessful in your application you are at risk of the Potential of Redundancy?

My current employer doesn't have any positions for the remaining staff members so kind of stuck with this.

On a Q/A sheet Q says What happens if I decide not to join you? A says That if your current Employer does not have another job for me then my Contract ceases by operation of Law. Also you would not get Redundancy as the job you are in still exists and will transfer over? It says the complete opposite on the letter addressed to me.

I thought TUPE at the very least protected rate of pay and contracted hours?

[mr_haggis]

Hi, Little update!

New contractor has been to visit on Thursday. We ( cleaning dept ) have been told that we cant be offered any jobs from the new contractor and that we can only apply for them. They have told us that is the Law.

The new contractor that has taken over the Catering and Cleaning has already gave all the catering staff new contract with no interviews.

The new Security contractor who are different from us, Have taken all the present staff on with no interviews.

Seems very odd with a sting in the tail some were?

[Emmzzi]

if there is no night shift, then there is no night shift. Usually you'd transfer over and then they would make you redundant, or you apply for alternative employment and get it or don't get it; if you don't get it, they make you redundant.