Working without a contract

[ULA]

TUPE is quite complex and the normal process is for you to transfer across on your existing terms and conditions, however your situation is not helped by the fact that your starting point is an offer letter and not a properly written contract.

Have they taken on board your comments and is there any indication they are prepared to move on in the contract terms they are prepared to offer you e.g. the ability to worked at home as you have for the last 3 years?

Does your Linkedin profile show that when you started at the company your job title was xxx and then your job title changed to yyy from a certain date?

Under the 48h Work Time Directive you always have the choice to opt out on the giving of the relevant notice.

[JohnDee]

TUPE is quite complex and the normal process is for you to transfer across on your existing terms and conditions, however your situation is not helped by the fact that your starting point is an offer letter and not a properly written contract.

Have they taken on board your comments and is there any indication they are prepared to move on in the contract terms they are prepared to offer you e.g. the ability to worked at home as you have for the last 3 years?

Does your Linkedin profile show that when you started at the company your job title was xxx and then your job title changed to yyy from a certain date?

Under the 48h Work Time Directive you always have the choice to opt out on the giving of the relevant notice.

They did take my comments but not sure what they are going to come up with.

Yes, my LinkedIn profile does have the old job title and the new job title and this is there for many years now.

I understand that this 48h Work Time Directive is to address workaholism.
Since this is not disabled by default and I am not a workaholic it can remain in the contract, right?

Just FYI in parallel I have contacted an employment legal team to help me navigate through this process safely. There is only over a week left for their set transfer date when they expect the contracts to be signed.
I have also checked my home insurance and it covers employment disputes such as unfair dismissal or discrimination (any claim must have a greater than 50% chance of success). I am not sure if this falls under these criteria. In any case I need some assistance. I hope they will be able to make sense of my employment letter vs. the new contract on time.

I keep you posted anyway.
Thank you

[PallasAthena]

I understand that this 48h Work Time Directive is to address workaholism.

That is not the reason, and people can opt out of it.

The limit is a health and safety measure to prevent employers imposing excessive working hours.

[ULA]

"Since this is not disabled by default and I am not a workaholic it can remain in the contract, right?"

If it remains in the contract, then it means that you accept that if your company requires you to work on average more than 48 hours a week then you are prepared to do so, whether this be on an intermittent or regular basis.

In terms of house insurance this current situation of dealing with employment terms under a TUPE transfer would not be covered. Typically they are only there for situations of litigation e.g. an employment tribunal claim.

[JohnDee]

"Since this is not disabled by default and I am not a workaholic it can remain in the contract, right?"

If it remains in the contract, then it means that you accept that if your company requires you to work on average more than 48 hours a week then you are prepared to do so, whether this be on an intermittent or regular basis.

In terms of house insurance this current situation of dealing with employment terms under a TUPE transfer would not be covered. Typically they are only there for situations of litigation e.g. an employment tribunal claim.

Right, so the new employer is pushing the envelope all the way. I don't think I am going to agree to that.

[ULA]

What I do not understand is that they have written into the contract that you are effectively being required to work more than 48 hours per week on average and "opt out" if you do not want to do this which is the reversal of how the WTR are set up. Under the WTR you normal "opt out" if you are prepared to work on average more than 48hours per week.

Can you post up that exact clause please so that I can double check what they are actually expecting.