TUPE help
#1
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TUPE help
Not sure if anyone can assist me on this.
In my terms and conditions of employment it details my pay date of the 20th day of each month.
Now, we have just been acquired by another company who's pay date is 31st of each month and have said everyones pay date will be moved to be in line with theirs.
Now I'm pretty sure I am right in saying that under TUPE regulations they cannot change contract terms.
This changing of the pay day does pose me problems so if I have to dig my heals in for a very valid reason I may have to.
Thanks.
In my terms and conditions of employment it details my pay date of the 20th day of each month.
Now, we have just been acquired by another company who's pay date is 31st of each month and have said everyones pay date will be moved to be in line with theirs.
Now I'm pretty sure I am right in saying that under TUPE regulations they cannot change contract terms.
This changing of the pay day does pose me problems so if I have to dig my heals in for a very valid reason I may have to.
Thanks.
#3
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Originally Posted by Midlife......
If you work for the NHS then TUPE is simply a carbon copy contract and you will be paid on the 20th of the Month !!
Shaun
Shaun
PS, I don't work for the NHS. I just want to know if they are allowed to do this without consultation and agreement.
#4
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Basically no they SHOULD consult and gain AGREEMENT
However in practice this may not happen
THIS HOWEVER DOESN'T MEAN THEY CAN DO IT
Have you talked to them ?
I doubt they appreciate the moving of a monthly payday will cause a serious problem
I am sure if you explain why it does an arrangement can be arrived at
However in practice this may not happen
THIS HOWEVER DOESN'T MEAN THEY CAN DO IT
Have you talked to them ?
I doubt they appreciate the moving of a monthly payday will cause a serious problem
I am sure if you explain why it does an arrangement can be arrived at
#5
Originally Posted by mark.coleman
Now I'm pretty sure I am right in saying that under TUPE regulations they cannot change contract terms.
"Transferred employees retain all the rights and obligations existing
under their contracts of employment with the previous employer and
these are transferred to the new employer. This means that their
previous terms and conditions of employment carry over to the
transferee employer. The main exception to this rule concerns the
treatment of occupational pensions."
under their contracts of employment with the previous employer and
these are transferred to the new employer. This means that their
previous terms and conditions of employment carry over to the
transferee employer. The main exception to this rule concerns the
treatment of occupational pensions."
This is very wide ranging, they might be able to put a case forward to show that there are economic reasons for them consolidating the payment dates of all employee's due to contract payment dates etc.
If it doesnt cause you problems, then I wouldnt worry about it. However, if you're looking into this for the rest of your old workforce, then there would have to be a pretty good case for them being hard done by for moving their dates by 11 days. I guess the main problems could be loans/mortgages which can easily be moved with a letter to the lender so this wouldnt hold much ground.
HTH
Jules
#6
I was TUPEd from a company which paid Monthly to one that paid 4-weekly (i.e. 13 payments / year).
That is a right pain - we all complained but in the end had to accept it. Your case may be different but there are some things that can be changed if they're "reasonable" I believe.
That is a right pain - we all complained but in the end had to accept it. Your case may be different but there are some things that can be changed if they're "reasonable" I believe.
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My advise would be just to get on with it. If you have just merged with some other firm and you start prattling on about what day your been paid to HR....My contract blah...blah...blah
Come the inevitable P45's your name will be right at the top of the list
Just my opinion.
Come the inevitable P45's your name will be right at the top of the list
Just my opinion.
#9
Mark
I'm being moved from one NHS Trust to another due to government changes and nothing will change apart from the name of my employer !!
TUPE is great for some NHS employees because if they take on a more "demanding" role with larger pay and then revert back their oroginal role they still retain the same pay ........ nice if you can swing it !!
*cough* managers *cough*
Shaun
I'm being moved from one NHS Trust to another due to government changes and nothing will change apart from the name of my employer !!
TUPE is great for some NHS employees because if they take on a more "demanding" role with larger pay and then revert back their oroginal role they still retain the same pay ........ nice if you can swing it !!
*cough* managers *cough*
Shaun
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