Need some advice regarding TUPE and other issues

[taiko]

Hi everyone , I was hoping someone can give me some advice regarding this problem I have at work !

I work as a security guard on a corporate site which I have been working for well over 10 years and then 6 months ago the company I used to
work for lost the contract to this site and all the guards TUPE'd over to this new company.
When we TUPE'd over ,our hourly pay remained the same but we was promised a pay rise after 2 months when the tenants service charge
was renegotiated.After weeks of chasing this up , I was told there would be no payrise ,so this means we was lied to !!
The second issue was that we have 1 reception [ with one receptionist and me] and one postroom where we (the guards) switch every few hours ,this
was what we have been doing for over 10 years but now the new security company have asked us to stand outside the reception and then
switch with the postroom guy. I asked what about our break/lunchbreak etc and they said we have to take it when we are in the post room.
This means we are on duty whilst on break ? Is this legal and can they ask us to change our job pattern ? I thought TUPE is supposed to
protect us ie not change the job contract to suit them ?
Any advice would be appreciated and if you need any specifics ,please do not hesitate to ask me ,thanks.

[teaboy2]

Re: Need some advice regarding TUPE and other issues

Well firstly regarding the pay rise - even though they said you would get a pay rise when tenant service charge was renegotiated, it doesn't mean they are legally obliged to give you a pay rise. Simple reason as to why is likely due to not getting enough of an increase payments for providing the security service to be in a position to be able give a pay rise. They hadn't lied either as they were not at the time in a position to know themselves what the outcome of the renegotiation's would have been.

As for the second issue, well TUPE prevents them changing your terms and conditions, so by forcing you to be on duty all the time, when your original terms give you a lunch break off duty/site, would be a breach of your rights under TUPE.

Though as your an employee in civil protection industry, their is an exception under the working time regulations in regards to 20 minute rest periods when working 6+hr shifts. Meaning if both guards are required on duty at their stations or there is not enough guards to cover the others rest period, then your employer doesn't have to provide you with rest periods. Though the employer would have to justify why they do not need too! Though if you have a contracted lunch break, then they can't change that with your signed consent/agreement via a notice of variation of terms!