Showing results for tags 'harmonisation'.
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A number of us (150+) were TUPE transferred to a new employer in January last year and kept our T&Cs as required under TUPE. Well most of them - IMHO they have already changed things they are not allowed to change. Our new employer is now saying that as we have worked for them a 'reasonable length of time' TUPE no longer applies and they are at liberty to change our T&Cs as they are setting about 'harmonising' them company-wide. Apparently they are also saying that even if anyone DOES object, if the majority accept the change that gives them the right to impose changes on the objectors. I don't believe this is anything like legal. As far as I know :- There is no specific time limit in TUPE regs, nor has a definition of 'reasonable' ever been arrived at in case law. Certainly, last time I was TUPE'd (this is my 4th time round the TUPE loop) there was no attempt to impose new T&Cs in 5 years - although they did keep asking ;-) Any imposition of changes to T&Cs for 'harmonisation' purposes is never legal as it is de facto connected to the transfer by way of our retained T&Cs TUPE applies individually not collectively, so what anyone else chooses to do has no bearing on my rights under TUPE Although they are doing this at the same time as some sort of management restructuring, they can't use that as an excuse either as in practical terms we'll all still be in the same place doing the same jobs, just reporting to different people. I think they are relying on a recent employment appeals tribunal decision that overturned TUPE retained T&C provisions, but that was in a very specific case where the people concerned were in fact being paid full-time rates even though they were part-time. Well, relying on that and being able to bully everyone into submission by 'divide and rule' tactics. Our union are going to be no help in this, they pretty much keeled over in no time when we were TUPE'd in the first place and from what I've heard 3rd-hand they are highly likely to do so again. Can anyone confirm that my view is correct and that they have no right to do what they are proposing? And if so, what can I do about it? The options seem to be either to claim constructive dismissal or to stay put and sue them for the difference in income between current and imposed contracts. Not that we've seen the new contracts yet but you can bet they won't be making these changes for the employees' benefit And by the way - this isn't some fly-by-night operation, it's a FTSE employer with 3000+ employees. If there's any employment law experts in England reading this, you may have a job - they have a track record of intransigence when it comes to anything like negotiating with their employees!
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