TUPE query

[gonksgobeat]

Hi

My colleagues and I recently transferred under TUPE to a new employer. However their existing staff are on considerably better terms and conditions than we are.

Where do we stand on this? Do we remain indefinitely on our old terms despite doing essentially the same job as our new colleagues?

Thanks

[ULA]

Under TUPE you transfer on your existing terms and conditions of employment. There is no requirement for the new company to offer the staff transferring in the enhanced terms their existing staff have. The responsibility is to preserve no worse terms than you currently have.

The new company may decide at some point to harmonise employment terms and offer some or all of the more generous benefits, however in doing so they would still need to agree any changes with you.