TUPE/pay deal question

[snowy1878]

Hi there, i have a query regarding this which i hope someone can help me with so i'll try and make this as straighforward as possible :

Back in June my job was transferred from my old company to a new company under a TUPE agreement. At the time, my old company were in negotiations with the GMB union regarding a new pay deal. This pay deal was subsequently put to vote and accepted by the workforce and came into place October 3rd at my old company.

Under this deal i would have recived a 97p an hour pay rise, however as i had been TUPE'd to my new company i am still on my old rate of pay.

I have spoken to my new employers about this several time since then as to whether they intend to pay me this (or any other deal) and have just recieved excuse after excuse (they're looking into it, they are talking to my old employer who still pay my wagesand have to ok it) without getting a solid answer.

Some of my colleagues have said that they've been told by other people who have been in similar situations that because the pay talks were ongoing at the time of the TUPE agreement that my new employer has to honour the outcome of that pay deal.

Is this true?

Thanks.

[Sangie595]

Re: TUPE/pay deal question

Hi there, i have a query regarding this which i hope someone can help me with so i'll try and make this as straighforward as possible :

Back in June my job was transferred from my old company to a new company under a TUPE agreement. At the time, my old company were in negotiations with the GMB union regarding a new pay deal. This pay deal was subsequently put to vote and accepted by the workforce and came into place October 3rd at my old company.

Under this deal i would have recived a 97p an hour pay rise, however as i had been TUPE'd to my new company i am still on my old rate of pay.

I have spoken to my new employers about this several time since then as to whether they intend to pay me this (or any other deal) and have just recieved excuse after excuse (they're looking into it, they are talking to my old employer who still pay my wagesand have to ok it) without getting a solid answer.

Some of my colleagues have said that they've been told by other people who have been in similar situations that because the pay talks were ongoing at the time of the TUPE agreement that my new employer has to honour the outcome of that pay deal.

Is this true?

Thanks.

This is no longer the case. Changes in 2014 made changes to the regulations. The new employer is not bound by collective agreements not already in force at the former employers unless they have been party to the agreement. Your new employer was not party to the agreement, so you aren't entitled to the rise. So maybe keep quiet about knowing that, because there is no guarantee that the employers do! It therefore may not be a lost cause.

Unless, and this may be slightly different, your former employer was public sector? In some cases, the TUPE rules are slightly different and may bind increased pay rates on national scales.

[snowy1878]

Re: TUPE/pay deal question

Hi thanks for the reply mate.

It's a private company so i guess there is no chance whatsoever of getting that pay rise which i would have had under the old company cause the new company just seem to be intent on cutting costs!