written particulars of employment/contract

[actionblusox]

hi ell-enn

i have read the quality of your replies and i hope you can help me.

first i am in a real horrible situtaion with my employers whom i joined last year through TUPE continuous now 4 years.

when i was transfered i did not recieve new written partics of employment . just a letter that basically just said welcome.

i am soon in a full DDA tribunal hearing. one of my problems relate to my job description and title.

My last job is completely different to the job that i was doing before i was (transfered)tupe'd over and throughout the year the employers have amazingly quoted four different job titles in correspondence to myself and others, they deny that i am doing a different job and have twisted my job criteria to suit their purpose. it appears that i am actually a tutor /teacher but i dont have any quals for that. after much confusion over the year i have asked for my t&C which they have sent back to me exactly one year later with two handbooks, one from my old employer and one for this and asking me to refer to both?

they said that i did not sign consent at the time to give me those items, which i did and have the letter,

is something wrong in what i have put has i am now exhausted because of it?

I have been diagnosed as contracting PTSD through my problems at work.

Please help.

simon.

[Ell-enn]

Hi there, having read your other two posts in this section, it is clear that your case is a complicated one and it would be difficult to give a straightforward reply.

 

I do think you need to seed the advice of an employment lawyer - they would be best placed advise you on the many complexities of your situation.

 

I do hope it turns out well for you.

 

Kind Regards

 

Ell-enn

[actionblusox]

thank you for your reply.

 

because this is now my 3rd employer since my problems started under TUPE the buck is constantly being passed on.

there should be a prescedent set on the accountability off the old employer who is obviously well advised to get out.

 

this is one case and im sure there are going to be plenty more that come out eventually and something has to be done, but for me i cant afford the employment lawyer.

 

thanks anyway.

[Ell-enn]

Hi there, depending on where you live there may be a law centre you could go to. They provide free legal advice. The Law Centres Federation

[todd58]

hi

i was tupe over 2yrs ago last october to the greenwich council from a plc ,the council are saying we are not entitled to any of the pay settlements agreed since we joined them ,but any new member of staff recruted since is entitled is this right can any one help me

 

also the new members are getting inner london weighting ,we dont ,any ideas gatefully recieved

[Guest grizzleguts]

I have a question for the TUPE issue.

How can you work under new so say conditions, without having a renwed employment contract, to which the terms and conditions of your employment enforce?

Also what statute/tort law allows the company to strip you of previous benefits and earned entitlements, once they have taken over the company you worked for.

Either they take the company over lock stock, warts and all, or the previous company have to honour the entitlements you earnt with them.

If the new Employer cannot provide a signed copy of employment contract, how can they enforce terms and conditiond that do not exsist?

[Sidewinder]

You don't need a renewed contract. The new company inherits any contract already in place (warts and all as you say) with the exception of certain pension provisions. They cannot strip away benefits and entitlements and the employee cannot be disadvantaged as a consequence of the takeover. This applies to length of service, fringe benefits, bonuses etc and the old employer would have to inform the new employer of these as part of the due diligence involved in the transfer. Any changes to bring you into line with the new employer's workforce must be negotiated and the new employer should be able to produce your original contract, passed to him by the old employer.

 

That also explains to Todd58 - you were TUPE'd at the PLC rate of pay, and that remains in place until such time as the new employer negotiates with you to adopt the new company's T&Cs. You should still be subject to pay awards as was customary with the PLC, but these will be based on your existing PLC pay scale. Any new employees will be employed from Day 1 by the Council, on their T&Cs so will be paid the relevant Council rate of pay. If enough people are affected, and there are no benefits which you enjoy and which are not available to the 'Council' staff, I would request a meeting (even collectively through a Union) to discuss whether it may be worth adopting the Council T&Cs. Your length of service would be unaffected, so any length of service benefits and rights would remain in place irrespective of whose terms you were working under.

[todd58]

have asked for a formal meeting with the council with a union rep present ,the council have refused saying that they have no proposals for us (the ex plc workers)it is now causing problems with the council staff we dont want to work with them but we are expected to train all new members joining our team,we earn less and boss's want us us to train newcomers to earn more no way

[todd58]

is there any way we can force the council so that we can adopt their t/c's :? ,in total there are 8 member in our team ,2 are originally ex council workers tupe over to plc then to council,4 are plc tupe over to council ,and 2 are council workers at enhanced rate of pay to us

 

 

 

so in total there are 6 ex plc workers working on tupe contracts and 2 working on council contracts.

 

one last thing the council workers get london weighting we don't is that correct

 

thanks for your help

[todd58]

can the council refuse a meeting either formal or not ?

[todd58]

please help anyone im getting desperate and dont know what to do

[todd58]

hi ellen have you any advice on my problem plz

[Ell-enn]

Hi there, apologies for delay in replying, unfortunately I can't offer any better information than Sidewinder gave you in his earlier post. However, as I also advised earlier, you would benefit from seeing an employment lawyer at a law firm who offer a free initial consultation.

 

Alternatively - you could contact ACAS (Advisory, Conciliation and Arbitration Service) on their helpline number 08457 47 47 47 Acas - Error Page.

 

I hope this is helpful.

 

Kind Regards

 

Ell-enn

[todd58]

thanks ellen hope i get this resolved soon its driving us mad at work as you can imagine

[Ell-enn]

I can only imagine how frustrating this must be for you, but as I said earlier your situation is quite unique and really needs specialist legal advice. I was involved with a TUPE situation 2 years ago when our company took over another business, it was pretty straightforward as all the employees (180 of them!) all kept their original contracts and their annual pay review date stayed the same - the only thing that changed was the winding up of their pension scheme and the introduction of a stakeholder scheme.

 

You need to get some specialist advice and then let us know how you get on.

 

Kind Regards

 

Ell-enn

[Sidewinder]

If the Council won't allow a meeting, then write to them asking for the reason why there has not been an oppotunity to transfer to their Terms and Conditions. You are perfectly entitled to ask them whether the reasons are financial (ie it is cheaper not to give you new contract) and whether they will be willing to discuss the matter (with a nominated individual if that is preferred). The Union really ought to be handling this for you on a collective grievance basis.

[advisee]

There was a case recently where it was decided that the employee could elect to choose the new contract. If you are in a union then ask them for advice and if not then join one. The case in the Court of Appeal was Regent Security Services v Power.

[todd58]

thanks for the advise people will keep you informed

[RedTapeDoc]

Hi as said employee contracts outline the terms by which you are employed they may be verbal, written, implied or a mixture of all three. However, verbal and implied employee contracts can be as binding as a written one, but there terms are just more difficult to prove in the event of any dispute like this one.

 

Edited June 4, 2010 by Ell-enn
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