Org merged to form new entity. T&C's: expenses changes unilateral & discrimatory.

ajapale

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This question raised by Celtic Cub related to a merger between several entities.

The OP was concerned that Terms and Conditions relating to travelling expences were unilateraly changed for some staff and not others following the merger.
 
Hi ajapale,

Thanks for the reply. I am a member of a union and will contact our representative. I was of the belief that TUPE covered the terms and conditons detailed in my contract of employment. Is custom and practice and terms and conditions the same thing?
 
As far as I know a merger is treated differently from a take-over. Was it in your contract about using your own vehicle & claiming expenses? I would think that your current terms and conditions apply until you sign a new contract. Would you query the change with the relevant dept. in the company to see what they say?
 
As far as I know under TUPE the new owner/entity is not allowed change the terms and conditions (without negotiation) for a period of a year. They also have an obligation to communicate with the workforce and explain fully the implications of the merger/takeover/new entity.

Is the new entity au fait with Irish employment law? I have seen several cases of companies trying to apply TUPE leglistation from other juristictions in the Republic of Ireland!

From a practical point of view if the new entity is prepared to wait for a year or two they can pretty well introduce what changes they want.

Note that pension arrangements are not included under the terms of TUPE ROI legislation.

aj



22:48, 28th May 2011 ajapale Post Employment Law Query Edited Co merged to form new entity. T&C's: expenses changes unilateral & discrimatory.
 
Cub - The term semi-state is often bandied about loosely. Most semi-state agencies are commercial organisations where the Govt is ultimately the shareholder. They normally set their own employee terms & conditions, e.g. ESB, Bord na Mona, Dublin Airport Authority, Dublin Port etc. Some people use the term semi-state to refer to any govt agency, including statutory bodies like FÁS, Comhairle, Equality Authority. Some people get mixed up and refer to some charities as semi-state. These are often largely Govt funded but in fact are independent bodies, e.g. NWCI, Enable Ireland etc. Are you sure that you are actually in a semi-state organisation?

I'm guessing that there are not too many 'semi-state agencies' that have merged with other bodies, so be mindful that others may well be able to identify the organisation concerned.

On the original issue, have a think about the rights and wrongs of this issue. If the organisation is publicly funded, surely it is fair enough for the organisation to find the most cost effective way of doing this - presumably the pool cars. Perhaps your complaint should be about why some people are still allowed to claim expenses while you are not. Make sure you have your facts right - things are not always what they seem. I remember somebody making a complaint about why some colleagues where getting expenses to drive to some events/meetings, while others had to use public transport. It turned out that they weren't getting mileage expenses, they were actually getting the train fare, and using that to cover their own petrol costs.