My job has recently been transferred to a new employer and is covered by TUPE.  With the old employer I was paid hourly, worked from 9am to 5pm Monday to Friday and was paid for a 40 hour week.  Any overtime worked above the standard 40 hours was paid to me at my normal hourly rate - ie if I worked 6 days a week 9am to 5pm I would receive 48 hours at my agreed hourly rate.  My new employer has now told me that I will be expected to start work between 8 and 8.30am and work to 6pm (on some occasions I will have to start even earlier and finish later) Monday to Friday and that my standard contracted working hours will be 42 per week.  I will also have to work every second weekend (which again I was not forced to do with my previous employer).  They have indicated that I will no longer be paid hourly but that I will be salaried and that this salary will be based on the annual amount earned per last year's P60.

I have a number of concerns regarding this -

1) I previously worked 9 - 5 and was paid for 40 hours work.  I am now being told that my weekly hours will be 42 hours as I will start earlier, finish later but not be paid for my lunch hour (which I was previously). 

2) With my old employer, if I started at 8.00am and worked til 6pm I would have been entitled to 50 hours pay per week.  I am being told I will only effectively be getting paid for 42 hours.

3) My salary will be based on last year's P60 which did not include my annual entitlement to a wage rise (which I didnt get last year - probably because my old employer was planning to sell the business)!

4) Per my calculations, if I work all the additional hours I am being asked to and my annual salary is based on the amount earned in my P60 - if i apply the terms and conditions of my old employer (ie Im paid for every hour I work), my hourly rate will be reduced dramatically from what I earn at the moment.

5) My responsibilities and authority to make decisions on stock purchasing, etc within the workplace are being reduced significantly.

I know it can be a very complicated area but I was wondering if anyone could offer me some general advice as to whether my new employers would firstly be in breach of tupe regulations and secondly whether or not if I would have a case for unfair dismissal if I was to leave to seek employment elsewhere?

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CCO16 -

It may not be as complicated as you think. Established case law under TUPE is such that an employee, following a TUPE transfer, can benefit from either the terms prior to transfer or the terms after transfer whichever are the more beneficial - that is an employee's choice.

You need to raise a written grievance with your employer stating your case, if you havn't already done so, and take it from there.

If you want to email me I can assist with this.

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