# transfered via TUPE: co now want to change hours from 8-4 Mon-Fri to varying shifts.



## bighig250 (5 May 2010)

Folks 

I have been transferred over to another company via TUPE who now want to change my hours from 8 - 4 Monday to Friday to varying shift work. Is this allowed? I was under the impression that nothing changed under TUPE and that evrything remained the same!!

Any Thoughts?


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## number7 (5 May 2010)

Your original company could have changed you hours so why not your new one?


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## ajapale (5 May 2010)

are you a member of a trade union?

how long ago were you transferred to the new company?

how is the new company going about negotiating the changed T&C's?


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## bighig250 (6 May 2010)

To answer yor questions guys;

My original company could not have changed my hours as I had a contract to work these hours and change could only be effected, upon agreement with myself.

I am not in a Trade Union & the transfer took place 2 weeks ago.

This new company as far as they are concerned, your pay rate, sick days etc carry over, your hours of work do not. Whatever they want you to work, in my case sometimes during the night, is entirely up to them. I have been told that TUPE does not apply in this regard.


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## number7 (7 May 2010)

If your old company had made these changes what would you have done?

Whatever the answer then that is what you should do here, the TUPE doesnt have much bearing on the issue imo. Your old contract is still in force afaik.


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## csirl (7 May 2010)

number7 said:


> If your old company had made these changes what would you have done?
> 
> Whatever the answer then that is what you should do here, the TUPE doesnt have much bearing on the issue imo. Your old contract is still in force afaik.


 
As mentioned above, your original contract of employment still applies regardless of the TUPE - check it and see what it says about changes to hours etc.


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## bighig250 (8 May 2010)

Thanks all

I think your probably right. Tupe has no control with your hours. Will have to put up with what they say. In these times, anyway, being in employment is what counts.

Many thanks for your help and advice.


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## z104 (8 May 2010)

If your company has been taken over or if your company has outsourced your department or area then protection of employees on Transfer of Undertakings(TUPE) directive is designed to protect your rights. This is acheived by guaranteeing you the same terms and conditions. Pension rights are however excluded, although pension benefits accrued prior to the date of transfer must be preserved.

This assumes that you were not made redundant and offered your job back under new terms and conditions.

Check your original contract of employment. What does it say about your hours of work and what does it say about your employer being able to make you change your hours of employement. The wording and agreement on your contract of employment will be important.

If your employer tries to dismiss you then they will need to have economic, technical or organisational grounds for dismissal. If they cannot proove this then you have grounds for unfair dismissal.

Your contract of employment is your contract between you and your employer. They have contractual obligations that they cannot change without your agreement.

The terms and conditions and your employers obligations in the employee contract of employement are automatically transferred to your new employer.


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## ajapale (8 May 2010)

bighig250 said:


> TUPE has no control with your hours. Will have to put up with what they say.


Im not sure that this comment is correct.

What does your contract with the old company say about hours?


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## bighig250 (9 May 2010)

My contract with my old company states that;

"Your normal working hours will be 40 hours per week, working five days out of seven from Sunday to Saturday. In line with your duties and responsibilities, these hours and times may vary from time to time in agreement with your line manager.

The company reserves the right to change your normal weekly working time in order to meet the needs of the business. All changes to working time will be in be in full consultation with you in good time prior to the change".

Anything clearer here folks?


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## z104 (10 May 2010)

I don't see that you have much choice.

On the up side, you will get shift allowance.


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## mathepac (10 May 2010)

bighig250 said:


> .... Anything clearer here folks?


It's clear your contract always allowed for variations in  working hours / days. The employer can request (but not impose) changes. You may not agree to comply with the changes they request,  in which case you may need to look for another job.


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## csirl (11 May 2010)

Your employers proposal seems to be in line with your employment contract.


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## bighig250 (11 May 2010)

Thanks Guys for clearing that up. Will have to be at my negotiating best, as I dont fancy working the graveyard shift for one!!!


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