TUPE'd 3 months ago

[Polar]

Hi My partner was TUPEd to a new company, following a move of service contract, along with 5 others from his company but also with about 300 members of staff from another company. They were only given about 10 days notice of this and everything seemed very rushed. The new company are very big and do seem to have been fair with everything re holidays, place of work etc. He had asked them how it would work with his pay as he was on a days rate and they said that they would simply change the day rate to the hourly rate and he wouldn't be worse off. However he also changed from weekly pay to monthly pay and did not notice that the amount is is being paid is approc £29 a day less!! Granted he should has checked his pay slip more carefully was getting used to the new way of things being done. With the old company he worked 10 hr days and the new firm is 8 hour days hence we think, the difference. He is more than willing to work the extra hours if that is what is required to increase the pay to what is was previously. My question is what is the best way of handling this as he is now substantially worse off financially due to TUPE?

 

[bovine]

What did his old contract say about hours/days? If he we was on a day rate, of £100 (for example), was there anything saying he should be doing 10 hours per day? So £10 per hour. Or did it just say £100 per day?

As it stands, it looks like they have calculated his hourly rate and are applying it. He used to work 10 hours and now only works 8, so its not unreasonable for them to only pay 8. But, what has been said about the reduced hours to your partner?

Have a look at the contracts and get your partner to chat with his manager to find out the score. If he can just get the extra hours back, then he will be back in the position he was in before the TUPE.

 

[smo]

...now substantially worse off financially due to TUPE?

As the alternative before TUPE was usually no job i'd say this isnt really an accurate reflection of the situation. TUPE has meant he has actually kept his job!

 

[Newchodge]

He is entitled to remain on his pre-existing terms and conditions, following TUPE.

He clearly has ageed some amendments, including a change in payment freqeuncy and hours of work. Were these changes agreed in writing? Does he have anyting in writing concerning the change from day rate to hourly rate?

I would suggest that he starts off with a discussion with his HR department about the reduction in income.

How long has he been employed in total with the original and new company?

 

[Polar]

Thank you for the replies. His previous contract stated that he was paid per day and that he was expected to work until the job was complete between the hours of 6.30am - 4.30pm. So they could finish earlier providing the job allocated for that day was finished. There has been nothing in writing about change in hours and the monthly pay was agreed verbally. The hours that he now works are the same hours that the other 300 employees who were transfered from another company worked. He worked for his previous employer for 14 years and the new employer for 3 months.

 

[Newchodge]

He definitely needs to start the conversation, preferably with HR. It may be an oversight, as they were dealing with 2 different transfers. If the conversation is unsuccessful, then he needs to raise a grievance, but take it one step at a time, and do it on the basis that there seems to have been a mistake, rather than it is a deliberate attempt to take money from him!