Changes to job description and contract after TUPE question.

[UKTECH]

ULA please delete the other thread

Thanks for your help

[ULA]

The question is whether the council policy on redundancy being uncapped for the calculation of weekly pay was negotiated as part of the collective agreements.

You will need to speak to the union to find this out.

[UKTECH]

It appears so...

All school governing bodies should note that this policy has been collectively agreed between the local authority and recognised teacher and support staff trade unions.

[ULA]

Potentially the enhanced redundancy terms, if negotiated with unions and incorporated into employment contracts, should transfer on TUPE.

[UKTECH]

If my contract states the below

"Collective agreements and other terms and conditions of employment at national and /or local level
In addition to the terms and conditions specified in this document, the conditions applicable to your post will be in
accordance with those prescribed by the national joint council for local government services, as set out in the national
agreement on pay and conditions of service as varied or supplemented by the city council's local conditions of service
and local collective agreement reached with the trade unions recognised by your employer."

If my local city council offers enchanced redundancy should I be eligible?

Wouldnt this qualify as "supplemented by the city council's local conditions of service"

[ULA]

My answer is the same as my post #62 as your post #65 is a repeat of your post #59.

[UKTECH]

Could I please check a point of law regarding my contract variation? I signed a contract regrade in September 2023. This states that the reason for the change was “Regrading – Career Grade Progression”. I did not understand this to be a variation of my redundancy terms. I would be grateful for your advice on whether signing a regrading variation for career progression lawfully overrides or voids the enhanced redundancy terms that would otherwise have transferred under TUPE, or whether those enhanced terms should have remained protected unless expressly varied with informed consent.

[ULA]

It will depend what was set out in the contract regrade document.

[UKTECH]

I need help working out my reconciliation payment. I work in school term time only, i work 205 days of the year my fte is 92.88% my gross yearly wage is £36364. From 1st of september till the 8th lf January ive been paid in total £13,093.65 for 79 days work. My last day was January the 8th. I work a 37 hour week and my pay per hour is £20.2935

Becuase my salary is annualised i belive im due a reconciliation payment is this correct?

[ULA]

This is not really something we can assist with. You need to check the calculations yourself but effectively your annual salary is based on the number of weeks you work which is 205 days / 5 = 41 weeks plus annual holiday entitlement. Your gross pay will then be divided by 12 to ensure you are paid in 12 equal monthly payments.

I do not know when you are paid but if it is at the end of each month for that month then you should have had your normal monthly salary up until end of Dec and then it will be pro-rata for Jan as you only worked up until 8 Jan.

[UKTECH]

on a term time only contract a proportion of my wage is held back so that I get paid during the 11 weeks that im not working and so are not earning. What im should be seeking to get back is the money that has been 'banked' during my 79 days work. It that makes sense?

[ULA]

Your contractual earnings for the full year are:

FTE salary: £36,364

Your FTE percentage: 92.88%

£36,364 x 0.9288 = £33, 774.88

So your actual annual salary is:

£33,774.88 per year which is the amount that gets “smoothed” over 12 months.

Your daily rate based on 205 working days is therefore £164.75 (£33,774.88 / 2205)

So for 79 days you should have been paid 79 x £164.75 = £13,015.68

If you were paid more than this then I am not sure that you are owed anything in addition.

However, you should not rely on my maths. You need to check this yourself and if you are unclear as to how this has been calculated go back to HR or payroll and ask for a breakdown.