Tupe rules

[Brianbru61]

Hi All
I have a question which hopefully someone can shed some light on.
An employee we took on under Tupe regulations had a contract from last employer I know we have to abide by these terms, one issue that has arose is pay periods, again I know they have to fall in line with our pay periods structure ours being every 4 weeks, previous employer was monthly, we have a 2 week period after they pay period (lying weeks) the previous employer had a week, to help out financially we offered a loan which would be paid back over a period of time, which was refused,

This particular person has had a number of days off sick during the 6 months he has been with us and this is the reason that this has came to light, we paid him sick leave and helped him out financially with holiday pay as well, although this was not accrued, he insists that we have a lying week instead of our 2.
Does he have the right to insist this be the case?

Even though we have offered a loan and have been more than good to him whilst of sick.

Thanks in advance

 

[Newchodge]

although this was not accrued

You can only limit leave to time acrued during the first year of employment.

I don't understand the current position. Have you made him change to your pay periods?
Did you take one week's money from him when you migrated him, so he is now working two weeks behind his pay?
How, exactly, have you been more than good to him while sick?

 

[kulture]

Forget about the sick pay and the holiday pay. Just deal with the week(s) in lieu (or not). This should be straight forward to work out and should perhaps be worked out WITH the employee. That way you can both understand each other and see who is right.

One way of doing this is putting a calendar on a table and starting from a couple of months before you took the business over draw on it each of the pay periods he has worked. Then highlight the day on which he was paid for that period and the amount. Then work forward till now. This should highlight exactly what he has been paid, when he was paid, and if there are any gaps.

This is all factual information. One of you is wrong. The facts will determine which one.

 

[Brianbru61]

You can only limit leave to time acrued during the first year of employment.

I don't understand the current position. Have you made him change to your pay periods?
Did you take one week's money from him when you migrated him, so he is now working two weeks behind his pay?
How, exactly, have you been more than good to him while sick?

Yes he has changed to our pay structure.
No we did not take any money from him this has come to light because he was off sick, he was expecting 2 weeks pay plus sick pay but within our pay period it showed 1week. So in essence from payment previous employer he had a period of 36 days before his next pay period with us, we offered loan to help him out, my question is are we obliged to pay him a weeks wage to get in line with our pay structure?

 

[WaveJumper]

Get that calendar out as above and sit down and run through with the employee ........... I must be loosing the plot because you have lost me

 

[Mr D]

Yes he has changed to our pay structure.
No we did not take any money from him this has come to light because he was off sick, he was expecting 2 weeks pay plus sick pay but within our pay period it showed 1week. So in essence from payment previous employer he had a period of 36 days before his next pay period with us, we offered loan to help him out, my question is are we obliged to pay him a weeks wage to get in line with our pay structure?

Sorry, may be missing something.

Has agreement been made to change the pay period for the TUPE staff? Was under the impression they retain their existing pay period until they agree a change. Or am I grasping the poo end of the stick?

 

[kulture]

Its basic really, has he been paid for every week he has worked? Yes or no?

 

[Newchodge]

Why would you withhold a week's money months after he changed? Your payroll has cocked up somewhere. I would also suggest that the way to deal with your expectation that he works an additional week without pay (which is, effectively what you are doing to him) is to make an interest free loan of the week's pay that is repayable when he leaves.

How do you expect him to pay his bills when you have taken a week's money way from him?