Tupe Advice Needed

TheStretchedElf

Free Member
Jun 22, 2012
6
0
Hi,

I am a support worker for a private mental health service provider who provide community and home based support visits. In October last year we were Tuped over to a homecare provider who was expanding into mental health provision (this was to be their first mental health contract).

Our terms and conditions and working practices have remained the same since then, however our managers have been quite vocal about the unsustainability of the business in its current form. That said, the business has been growing in-so-far as we provide more service hours to the local authority than we did at the time of Tupe.

New recruits are all employed on zero-hour contracts and are only paid for "Direct Contact" - that is, time spent with service users. This differs significantly from the contracts of existing staff who are contracted to 37.5 hours per week which includes travel time between support visits.

An individual who used to work for our former employer wanted to return to work but was disappointed with the terms and conditions (zero hour etc). A manager allegedly said something along the lines of "everybody will be on that contract come October." This has found its way back to existing members of staff who are understandably very concerned about their contracts (the lack of paid travel time alone would mean a significant reduction in wages for all of us despite nothing about our working practices changing).

My question is how easy or otherwise will it be for our employer to change all our contracts or for us to challenge this? Our suspicions are that in a bid to expand their business they tendered for a contract that they could not sustain, merely planning to run at a loss for 12 months then reduce our wages to make up the shortfall. Does anyone have any advice on what we should do?

Thanks in advance.
 

sjbeale

Free Member
Business Listing
Without knowing the full details of the situation it would be hard to comment correctly, however, following a TUPE transfer terms and conditions can not be changed unless for an economic, technological or organisational reason.

If more clear details emerge I would be happy to assist if you email me at [email protected].
 
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kulture

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  • Aug 11, 2007
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    I believe that an employment contract cannot be changed without the employee's consent. Especially with such a material change. Although I do not know what affect TUPE may have on this. As such in theory you could refuse to sign the new contract and insist that you wish to remain on the current contract. In theory all they can then do is never give you any pay rise (unless to keep to minimum wage) and never to do any advantageous change to your contract in future.
     
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    TheStretchedElf

    Free Member
    Jun 22, 2012
    6
    0
    Thanks for the replies. Sandra I have emailed you so that you can get some details off me if you so wish.

    Kulture, I do hope you're right, though it isn't ideal it's certainly better than having your wage slashed for carrying out the same work.

    My main issue with this is that if they knew at the time of tendering that the contract was unsustainable then it totally undermines the point of TUPE. However, I imagine suspecting that and proving it will be quite different. Having said that, the only changes that the business has faced (to my knowledge) is an increase in the hours purchased from us by the LA, which should be positive, so I have some hope that it might be difficult for them to justify a change.

    Going back to the issue of unions - can anybody offer me any advice? None of the staff are part of a union. Does anyone know of one that we could join? As I said I have very little knowledge of this aspect.
     
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