Tupe and equal pay

[clermontfed]

I work for an organisation which has a mix of Tupeed employees and non Tupeed ones. They have been tupeed for the last 12 years. They earn more than the non tupeed and have also enhanced rates for weekend work as well as for unsociable hours.
They have had a pay increase in April and a lump sum (£2000) this November. Non Tupeed ( like me) will not receive it.
My question is: is this legal?

[dslippy]

12 years would seem to be a long time to maintain this distinction.

Was the TUPE agreement made by reference to the terms and conditions of the transferring company?

[clermontfed]

12 years would seem to be a long time to maintain this distinction.

Was the

Honestly, I don' t know.

[ULA]

Yes this is potentially legal as the period of protection under TUPE for employees transferring into a company for retaining their terms and conditions of employment are indefinite.