View Full Version : Advice needed.
We got taken over at work 3 weeks ago by another company, with our old company we used to work 39 hours then we went onto overtime after 39 hours, with this new firm our hours have been increased to 45 hours with no extra payments if you go over your hours, extra payments regarding wages, basically if you do over 45 hours you don't get paid anything, you could be doing 60 hours a week and only getting paid for 45, they also put us on monthly pay after years of getting paid weekly, is this wrong what they are doing?
Have you signed a new contract?
If not they should honour you old one.
Have you signed a new contract?
Were/are your previous working conditions(overtime pay etc), stipulated in your contract.
If I understand this right, your emplooyment has effectively been TUPEd over to the new company, this should give you some form of protection. When this happened to our company lots of people found plenty on solicitors in Sutton and Mansfield that were willing to give a free initial consultation. Although it may be worth contacting ACAS.
If you haven't signed a new contract DO NOT do it yet, seek advise first
Have you signed a new contract?
If not they should honour you old one.
No we've signed nothing as yet, our old contratcs moved over with us holidays and all that, with this new firm we'd only get 11 days holiday a year where as with the old firm we got 22 days plus bank holidays.
---------- Post added at 20:48 ---------- Previous post was at 20:46 ----------
Have you signed a new contract?
Were/are your previous working conditions(overtime pay etc), stipulated in your contract.
If I understand this right, your emplooyment has effectively been TUPEd over to the new company, this should give you some form of protection. When this happened to our company lots of people found plenty on solicitors in Sutton and Mansfield that were willing to give a free initial consultation. Although it may be worth contacting ACAS.
Ahh that's the word i was looking for TUPED, we got a letter last week from our old owner saying that under the TUPED agrement our old contrats had been transfered over to the new owners.
11 days holiday a year. Is that legal?
---------- Post added at 20:52 ---------- Previous post was at 20:49 ----------
No we've signed nothing as yet, our old contratcs moved over with us holidays and all that, with this new firm we'd only get 11 days holiday a year where as with the old firm we got 22 days plus bank holidays.
---------- Post added at 20:48 ---------- Previous post was at 20:46 ----------
Ahh that's the word i was looking for TUPED, we got a letter last week from our old owner saying that under the TUPED agrement our old contrats had been transfered over to the new owners.
They should honour the old contracts. this happened to my aunt she didn't sign the new contract, others did. they had to work over christmas including christmas day, my aunt didn't as she still worked to her old contract.
Tell this to other at the work not to sign any new contract
11 days holiday a year. Is that legal?
Dunno, they seem to think so.
something not right at all Nidge.
You need ACAS or a solicitor mate, if TUPE regulations are in force then your old contract(and it's terms and conditions) is still in force.
http://www.direct.gov.uk/en/Employment/Employees/WorkingHoursAndTimeOff/DG_10029788
states minimum 4 weeks
do you have a union?
something not right at all Nidge.
You need ACAS or a solicitor mate, if TUPE regulations are in force then your old contract(and it's terms and conditions) is still in force.
Cheers Jon I'll let the lads know in the morning, so basically they've got to pay us the hours we've worked irrelevant of how many hours you do plus they've got to give us our holidays we had before?
If I understand it correctly, then yes, but you may need ACAS/legal representation to get them to realise that they can't do what they are doing.
Nidge, read this: http://www.direct.gov.uk/en/Employment/Employees/RedundancyAndLeavingYourJob/DG_10026691
also, type TUPE into google and read the top two/three results, see what you can find that is relevent to your situation.
AntiSilence
21-03-2007, 21:06
As well as the holidays sounding too few, you may want to check this one out (http://www.direct.gov.uk/en/Employment/Employees/WorkingHoursAndTimeOff/DG_10029426) regarding working hours.
Jesus they are breaking the law then?? Thanks for the advice guys reps added for the cracking advice received.
The trouble is that you can opt out of the 48 hour week maximum.
If you've done this, I beleive that you can cancel this and opt back in.
Thanks for the points Nidge, keep us informed how you get on.
http://www.direct.gov.uk/en/Employment/Employees/WorkingHoursAndTimeOff/DG_10029788
states minimum 4 weeks
do you have a union?
Personally, I'd never heard of 4 weeks minimum, but don't forget that this can include Bank Holidays...
Greyrider
22-03-2007, 20:22
Just a point Nidge, when I was a Shop Steward in the 90's we were told on a Stewards' course that your employer MUST give you notice (the time can vary, but I think the min. is a month) to change your terms and conditions. However, if they do without notice and you don't challenge it then it becomes part of your contract legally as you are deemed to have condoned it. So get some legal advice if you don't have a union. Also ACAS will tell you over the phone what you can or can't do.
Just a point Nidge, when I was a Shop Steward in the 90's we were told on a Stewards' course that your employer MUST give you notice (the time can vary, but I think the min. is a month) to change your terms and conditions. However, if they do without notice and you don't challenge it then it becomes part of your contract legally as you are deemed to have condoned it. So get some legal advice if you don't have a union. Also ACAS will tell you over the phone what you can or can't do.
I'll bear that one in mind mate thanks, by the sounds of it they are trying to screw us over big time what with the hours and the lack of holidays.
---------- Post added at 05:18 ---------- Previous post was at 05:17 ----------
Thanks for the points Nidge, keep us informed how you get on.
I will do Jon, thanks for the advice mate the lads at work are well up for this one.
Just updating you all on the problems that the takeover is causing, we told the boss of the firm yesterday that we are not signing the new contract, we told him we wanted to stay on our old contract, he wasn't very pleased, he was ranting on about how he could have taken another company over and they would have accepted the new contracts, he said the new contract is for the benefit of the company so extra work could be taken on, extra work can be taken on on the old hours, he realy threw his dummy out yesterday.
TheDaddy
12-04-2007, 22:19
Just updating you all on the problems that the takeover is causing, we told the boss of the firm yesterday that we are not signing the new contract, we told him we wanted to stay on our old contract, he wasn't very pleased, he was ranting on about how he could have taken another company over and they would have accepted the new contracts, he said the new contract is for the benefit of the company so extra work could be taken on, extra work can be taken on on the old hours, he realy threw his dummy out yesterday.
Sounds like you'd be better of looking for another job imo, I can't stand unprofessional people in the work place, it's unforgivable when it's the boss that's doing it
superbiatch
12-04-2007, 22:51
Considering this guy has bought you out (i think), then he should have more business nouse about him. Maybe he's playing dumb.
As far as i'm aware (I work for the NHS), you are entitled to 20 days holiday exclusive of bank holidays. And as for the 48 hour thing - you have to opt 'in' to say you're willing to do it. If not they cannot force you. This is all on the ACAS website and european working time regulations.
If you are are TUPED over - like i was recently, then ALL your terms and conditions stay the same, unless you sign a new contract. Basically he hasn't got a leg to stand on and is trying his luck IMHO or he's thick!
I would however look for another job asap as I think he's gonna be trouble full stop - just my opinion ;)
Tezcatlipoca
13-04-2007, 00:17
http://www.dti.gov.uk/employment/employment-legislation/employment-guidance/page28979.html
Workers are entitled to four weeks’ paid leave each year.
The leave entitlement under the regulations is not additional to bank holidays. There is no statutory right to take bank holidays off.
Considering this guy has bought you out (i think), then he should have more business nouse about him. Maybe he's playing dumb.
If you are are TUPED over - like i was recently, then ALL your terms and conditions stay the same, unless you sign a new contract. Basically he hasn't got a leg to stand on and is trying his luck IMHO or he's thick!
I would however look for another job asap as I think he's gonna be trouble full stop - just my opinion ;)
I'm going down that route now, I've sent my CV off to a few companies round our way plus a few round Nottingham way. I'll have to wait and see if anything comes of them.
I explained to him what was said when he took over on the 1st of March, the operations manager said everything is going to stay the same, nothing will alter, a few days later he came back saying that a new contract is being drawn up for you lot to sign, thats when we all started to think that something wasn't right, he was having none of it. I was sat at my desk and him and the head of accounts were throwing questions at me like hell, asking me why we weren't signing the new contracts?
AntiSilence
13-04-2007, 07:21
Sounds like he wants you to sign over your soul as well.
superbiatch
13-04-2007, 10:28
http://www.dti.gov.uk/employment/employment-legislation/employment-guidance/page28979.html
I stand corrected ;)
Tightscot
13-04-2007, 11:55
sounds to me like ther new company is trying to get rid of all the old staff.... i know, we'll increase working hours, cut holidays and reduce pay..... then voila all the original staff quit, paving the way for a new workforce - probably on minimum wage etc...
At this point then you can cut your losses and leave for a new job, or stand and fight and be a pain in the **** for the new boss...
Good Luck whatever you decide dude!
sounds to me like ther new company is trying to get rid of all the old staff.... i know, we'll increase working hours, cut holidays and reduce pay..... then voila all the original staff quit, paving the way for a new workforce - probably on minimum wage etc...
At this point then you can cut your losses and leave for a new job, or stand and fight and be a pain in the **** for the new boss...
Good Luck whatever you decide dude!
Cheers buddy, we've been to a solicitor today and here's what he had to say, he said if you carry on working there we are effectively signing the contract even though you've not signed it, sounds like he's got us by the swingers good and proper.
Andyjenk
13-04-2007, 20:34
Cheers buddy, we've been to a solicitor today and here's what he had to say, he said if you carry on working there we are effectively signing the contract even though you've not signed it, sounds like he's got us by the swingers good and proper.
RUBBISH! DO NOT SIGN A NEW CONTRACT! See a different solicitor. Better, phone ACAS or go to your local Citizens Advice Bureu. I cannot see how it could NOT be a TUPE transfer (Transfer Under Protected Employment) which means you can stay on your original conditions. Any changes have to be purely for operational reasons. The company taking over has a legal obligation to inform you of your rights, which it sounds as though they have not done. Consider taking the company to an Industrial Tribunal if they persist (If they sack you it is unfair dismissal).
Good Luck
and if they create an environment where your only option is to resign it then becomes constructive dismissal
and if they create an environment where your only option is to resign it then becomes constructive dismissal
That's what we were saying today, they will make our positions unattainable forcing us to resign therefore resulting in constructive dismissal.
---------- Post added at 21:16 ---------- Previous post was at 21:14 ----------
RUBBISH! DO NOT SIGN A NEW CONTRACT! See a different solicitor. Better, phone ACAS or go to your local Citizens Advice Bureu. I cannot see how it could NOT be a TUPE transfer (Transfer Under Protected Employment) which means you can stay on your original conditions. Any changes have to be purely for operational reasons. The company taking over has a legal obligation to inform you of your rights, which it sounds as though they have not done. Consider taking the company to an Industrial Tribunal if they persist (If they sack you it is unfair dismissal).
Good Luck
Cheers Andy, after the takeover we recieved a letter from our old boss saying that nothing will change with the new owners, he mentioned the TUPE agreement in his letter.
skyblueheroes
13-04-2007, 21:58
Under TUPE law I don't think you can be worse off. So, its not right.
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