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Originally Posted by pol747
just anote on taking ntl to a tribunal i dont think you would have much success as the transfer has been done in a way that makes this near impossible. tupe conditions mean that anyone transfering must keep the same benefits and conditions for a set priod of time this can be anything from 3 to 12 months but after that contracts are up for negotiation wich means anything goes. as for working hours our contractors get sent anywhere and are forced to work overtime plus dont forget no paid holidays or sick leave. many omy workmates are ex contractors and this is a real kick in the teeth for them to have to take backward step on the employment ladder
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I think though, there is a case when the new company changes your terms and conditions. A written contract is binding by both parties, if you dont agree to a new contract that presents sustantial changes and you are forced to leave, it is constructive dismissal.
If you can prove to a court that you received changes to your terms and conditions that were not acceptable or reasonable, there is a strong case.
If for example the existing contract says something like "you are expected to work overtime" and you never have worked overtime, a new company trying to force this issue could be classed as unreasonable.
I have heard of a few cases where I wouldn't consider the employee to have a case at all, however they have won their case in court. I recall a case where a new employer taking over a company stopped overtime, the guy won his case because the saturday overtime had become reasonable practice for x amount of years.
I think the big problem with this issue (transfer) is exactly what you have pointed out about Holidays and Sick pay, ntl employees are entitled to this, and if they are moving into a company where it is not an entitlement that is one of the questions that should be asked.
I wonder if there was any consultation with the affected employees, or was it just steam rollered. unfortunately the bottom line is that ntl is not a viable business, and they have to keep cutting costs to stay out of bankrupcy.