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TUPE advice please.

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  • #1

    TUPE advice please.

    Hi

    I was tupe transfered in April this year from a district to a council to the county council. There have been no changes in the numbers of the workforce and the job role is exactly the same.

    The new employers have anounced that they wish to change the working day from 7:24hrs to 9:25 and existing contract states 5 days from 7 this is going to be changed to 4.

    Anyone have any ideas on the legality of this as there doesnt appear to be an eto reason. This is also going to cause increased childcare costs
    Tags: None
  • #2
    Re: TUPE advice please.

    They can not change it without your signed agreement/acceptance to said changes.

    You can therefore refuse to work any new contractual terms (hours of work in this case), or you can work it but put in writing that you do not agree to said changes and are therefore working under under protest, and that you deem the changes to your contracted hours, without your agreement. as a breach of contract. Which as a result gives you grounds to resign and claim constructive dismissal against the the employer and take it to tribunal.

    You can find more information here https://www.gov.uk/your-employment-c...-with-problems - Under "Making A Change without Agreement".

    They can not force the new terms on you if you do not agree with them unless they have a legal right to make such changes (which is very very unlikely when it comes to changing hours of work)!
    Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

    By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

    If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

    I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

    The Governess; 6th March 2012 GRRRRRR

    Comment

    • #3
      Re: TUPE advice please.

      Thanks for the reply. Found out today that they are relying on a contract clause. Its under the heading of collective agreements along the lines of .your terms and conditions are made of both national and local agreements. From time to time there may be changes to these agreements and these will be notified to you no later than 28 days. Thought collective agreements could be renegotiated after 12 months

      More worried now about letter from union advising of a 30 day consultation and to get involved and supply alternatives as otherwise changes will probably happen anyway. Nice bit of support there

      Comment

      • #4
        Re: TUPE advice please.

        Collective agreement between who?

        Did you agree to said agreement, or did your union (if your a member) agree to it?

        If your not a member to a union or staff association, then the agreement will not apply to you! It will only apply between the Union/Association (and employees they represent) and the companies! It can not be forced on yourself if your not a member of the union or association!

        If you are a member of either, then there is always the option of flexible working hours. Which maybe worth a try if need be!
        Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

        By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

        If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

        I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

        The Governess; 6th March 2012 GRRRRRR

        Comment

        • #5
          Re: TUPE advice please.

          The collective agreements part refers to what's known as "the green book" which is a set of t&cs agreed nationaly between unions and government. These apply to all local authorities in England.
          Had an email from union rep earlier saying cant claim these changes cause a material detrement as pay is staying the same. I,m sure detriment is not just about wages

          Comment

          • #6
            Re: TUPE advice please.

            As you appear to be part of the union, since the union is emailing you. Then yes your kind of buggered. Though you can still request flexible working hours under section 80F of the employment rights act 1996 - http://www.legislation.gov.uk/ukpga/1996/18/part/8A

            Note new rules have come into force meaning the right to flexible working applies to all employees. There was a thread posted yesterday or the day before by the site team with details here - http://www.legalbeagles.info/forums/...nge-this-month

            So looks like the changes in law on flexible working may have come just in time for you.

            You also have the human rights act in regards to the right to family life - If said new hours will have a detrimental effect on your family life i.e. prevent you seeing your children or wife during days you have to work and yes the Human Right Act applies to Government/public bodies!
            Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

            By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

            If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

            I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

            The Governess; 6th March 2012 GRRRRRR

            Comment

            • #7
              Re: TUPE advice please.

              The thing is the union have not agreed these changes yet and they can. only be added with the agreement of the.Union.. Interestingly enough my current hours are worked on a flexitime basis and they are trying to replace this with fixed shifts.

              Comment

              • #8
                Re: TUPE advice please.

                To be honest, I'd much rather work a four day week with longer hours instead of five days!

                Comment

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