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Dear All,
I joined the forum a couple of months ago when my company decided that myself and my small collection of colleagues would be transferred under TUPE into the employment of another company. I had a few questions at the time to which forum member Flaming Parrot answered brilliantly. I am now going through said process and it's getting a bit messy.
Just as our TUPE transfer was announced, I had the opportunity, out of the blue to interview for a position with another company. I was offered a position with this other company after interview, weighed up the pros and cons and decided that both opportunities were on-par with each other, except that the opportunity I interviewed for offered a higher salary. I discussed my position with the company I was being TUPE'd over to and they agreed to match the higher salary I had been offered from day one if I agreed to join them. I received confirmation of this 'salary match' verbally and by text message, confirming that they would 'match my other employment opportunity's salary from day one'.
Here are a few points that I have questions about:
Today I had my official TUPE consultation meeting. I was told that this would take place with executive members from my current company and TUPE transfer company, but there was no representative from my current company present. Here are my questions:
1) Should there have been representatives present from both companies in this meeting?
2) The verbal/text message offer of the 'salary match' from day one was withdrawn today. After forcing the issue in the TUPE transfer meeting , I was told that they would still match this increased salary offer, but the increase would be based on the condition of me accepting substantially higher (and certainly unacheivable) targets. Are they able to impose these conditions after making such a salary increase offer?
3) As I work in a sales role, the commission structure under the new TUPE transferred company is completely different, meaning that I don't earn any commission until I reach a certain level of my sales target (70%). In my current company, I earn commission in a linearly proportional fashion from 0-100%. My current method of being paid commission is not in my current contract with my employer, but that's just how it has always been. Are the TUPE transferred company allowed to impose such different ways of earning your salary (my commission counts as 30-40% of my salary!)
4) What is in my current contract is a car allowance- £755 per calender month. I have been told in the new TUPE-ed position that I will receive £593 per month and this is absolutely non-negotiable. Are they able to change this in such a fashion? As this effectively counts as part of your taxable earnings, receiving a much lower car allowance (£1,944 per annum) will effectively be a pay cut.
5) With my current employer, my notice period is 2 months. I have been told that under the TUPE-ed employer, my notice period will now only be one month.
I would be most grateful if somebody can throw some light in my general direction and help clarify these points. Thank you very much for reading!
Mr. Carrot.
I joined the forum a couple of months ago when my company decided that myself and my small collection of colleagues would be transferred under TUPE into the employment of another company. I had a few questions at the time to which forum member Flaming Parrot answered brilliantly. I am now going through said process and it's getting a bit messy.
Just as our TUPE transfer was announced, I had the opportunity, out of the blue to interview for a position with another company. I was offered a position with this other company after interview, weighed up the pros and cons and decided that both opportunities were on-par with each other, except that the opportunity I interviewed for offered a higher salary. I discussed my position with the company I was being TUPE'd over to and they agreed to match the higher salary I had been offered from day one if I agreed to join them. I received confirmation of this 'salary match' verbally and by text message, confirming that they would 'match my other employment opportunity's salary from day one'.
Here are a few points that I have questions about:
Today I had my official TUPE consultation meeting. I was told that this would take place with executive members from my current company and TUPE transfer company, but there was no representative from my current company present. Here are my questions:
1) Should there have been representatives present from both companies in this meeting?
2) The verbal/text message offer of the 'salary match' from day one was withdrawn today. After forcing the issue in the TUPE transfer meeting , I was told that they would still match this increased salary offer, but the increase would be based on the condition of me accepting substantially higher (and certainly unacheivable) targets. Are they able to impose these conditions after making such a salary increase offer?
3) As I work in a sales role, the commission structure under the new TUPE transferred company is completely different, meaning that I don't earn any commission until I reach a certain level of my sales target (70%). In my current company, I earn commission in a linearly proportional fashion from 0-100%. My current method of being paid commission is not in my current contract with my employer, but that's just how it has always been. Are the TUPE transferred company allowed to impose such different ways of earning your salary (my commission counts as 30-40% of my salary!)
4) What is in my current contract is a car allowance- £755 per calender month. I have been told in the new TUPE-ed position that I will receive £593 per month and this is absolutely non-negotiable. Are they able to change this in such a fashion? As this effectively counts as part of your taxable earnings, receiving a much lower car allowance (£1,944 per annum) will effectively be a pay cut.
5) With my current employer, my notice period is 2 months. I have been told that under the TUPE-ed employer, my notice period will now only be one month.
I would be most grateful if somebody can throw some light in my general direction and help clarify these points. Thank you very much for reading!
Mr. Carrot.
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