Does TUPE or precedent apply here please?

[tempsc]

Hi.

I have some benefits that were agreed many years ago with my previous employers (personal mobile phone paid for etc). 4 years ago the company was acquired by a larger organisation and the benefits rolled on and have been regulalry paid by the new employer without ever being queried.

More recently, my reporting line manager has changed now and she is questioning the benefits which I have expensed per month, just as I have done so for years.

Given that I've 'enjoyed' these benefits for more than 20 years can someone advise on my situation and my wish to retain them on the basis that if they existed prior to the original company being acquired and have continued with the current company, then a precedent has been set and I can argue to keep them? My employment and the activities of the company remain identical from the original to the new company without any changes of responsibilities, job title etc. The only thing that has altered is by whom I receive my salary.


Thanks for the clarification in advance. It's appreciated.

[ULA]

Are the benefits you were provided with by your previous company contractual benefits?

[tempsc]

Are the benefits you were provided with by your previous company contractual benefits?

Hi. Meaning are they defined within my contract of employment? I would have to check on this. What's the importance pls? I do have an emailed letter from my old director confirming the arrangement too from many years ago.

[ULA]

Where an employee has a contractual right to a benefit, the transferee employer will be required by TUPE to continue to provide that benefit after the employee's transfer. However if the contractual benefit included a power to vary or withdraw then your new employer may be able to rely on this.

If the benefits are non-contractual then potential is can be withdrawn by the new company. However given the length of time you enjoyed the benefit both with the old company and subsequently 4 years with the new company there may be an argument that this discretionary benefit may have become contractual through custom and practice.

[tempsc]

Thank you Ula. Could I ask where the line is drawn between 'there MAY be an argument that this ...benefit' and being more certain one way or another please? I'm likely to have a conversation soon about this and need to be a bit more certain of my position. I don't blame my manager for asking, she just isn't aware of the facts of the situation and how long I have had these terms apply. Thank you.

[ULA]

Unfortunately the law does not provide a definitive time that you need to be receiving a benefit that is descretionary for it to become contractual.

It is only my opinion but 16 in your previous company and 4 years in the company you were TUPE'd to, would probably mean that the payment of business calls on your personal mobile as a benefit have tipped over that line.

If your job is one that requires you to make a lot of business calls then maybe if the discussion comes up a possible solution would be for the company to provide you a mobile phone for the purpose of business calls only.

[tempsc]

Many thanks Ula. Stay safe.