Tupe plus New starters query

[monkey34]

Hi all. I have a few questions regarding tupe and change of terms.

First off i will try and give you a picture of the set up.

A new company won a contract and they tupe'd a lot of the existing workforce to the the new company, The new company also employed new staff as they did not have any in this field of work. Obviously the tupe staff transferred all terms and conditions to new company and new starters are given basic terms.

The new starters are on just above minimum wage, no sick pay and well just basic terms. There is a change of all working hours/shifts coming in to force in near future and the company say because the tupe staff are on old contracts they will attract a premium of up to 30% of their wage extra per month, where as new starters receive nothing.

Some of the new starters are a bit upset at this as they was refused a pay rise due to not being able to afford it, yet these new shifts give old staff a big raise and makes the gap even larger. Of course this causes conflict as it makes the workforce two tiered.

What i am looking to find out is at what stage does it become a change of terms and conditions for the tupe staff? Surely changing work patterns from sociable hours to unsociable hours (anything before 8am and after 6pm is unsociable) Also going to unsociable hours means they should work their quota of bank holidays but the company says not.

Is it legal for a company to refuse a pay rise then give tupe staff an hefty premium. All the staff are trained to same standard.

Every member of staff as the chance for a meeting with management to discuss any problems. I am not to good with asking questions the right way, so any pointers would be great.

Thank you

[ssparks2003]

Re: Tupe plus New starters query

Basically the company is right. they are obliged to pay the increase to the tupe staff but not the new staff. The company could negoiate new terms with the tupe staff but the are not obliged and neither are the obliged to pay you the same (unless you could claim sex descrimiation etc) In many buisnesses people on the same grade have diffrent terms but this is just a fact of life.

[monkey34]

Re: Tupe plus New starters query

I kind of figured that was the case. Just shocked they refused to increase wages due to not being able to afford it then a week later announce this. There is no real problem with the new and old staff, more the management creating a divided work force.

We have been told certain tupe staff will get priority as it saves on money. That alone as not gone down well with other tupe staff. We have always been told that the company is looking at ways to try and bridge the gap between both sets of staff, and this just looks like the gap is getting wider.

Discrimination is a part of the job it seems.
New starters forced to do overtime as it will cost company too much with tupe.
Shift changes at a moments notice for new starts only.
Tupe staff get the preference over annual leave as they have more days entitlement. Which normally means new starters get what they don't want.
Meal breaks paid for tupe staff only.
Any new shift lines come available then tupe get first choice.
Yearly bonuses and pay rises are tupe only unless nmw comes in line with our pay then ours will go up 25p.

Sex discrimination is a non starter as both men and women are tupe staff.

Just venting now. Still find it hard to see how a company can divide its work force this badly. Company is not small, multi-billion pounds in profits each year.

[wales01man]

Re: Tupe plus New starters query

Wonder why they make a Profit?

[ssparks2003]

Re: Tupe plus New starters query

I know it is a right kicker, easiest thing to do is leave

[Johnboy007]

Re: Tupe plus New starters query

Monkey34 asks...
What i am looking to find out is at what stage does it become a change of terms and conditions for the tupe staff?
The answer is when the tupe employee agrees to a change.
Employers have no choice on the matter
Terms and conditions in a contract of employment, can only be changed by mutual agreement.
It is not discrimination to offer new employees different terms and conditions to existing employees.
A potential new employee has the choice on whether to accept the terms and conditions, or not.
What will happen is that as the 'old employees' leave, the company will gradually replace them with staff under the new contracts.
Some companies make their old employees redundant, paying them compensation, and then employ them again under a new contract.
Sometimes it works out cheaper to do this, than keeping staff on under their existing contracts.
Sometimes it is beneficial to some employees to get a lump sum and still have a job after.
For more information on contracts of employment click on the link below.
http://www.acas.org.uk/index.aspx?articleid=1577