Tupe or Not Tupe

[Grizzly]

Hi Guys!
This may be one for Abe or some of our more knowledgeable employers on the Forum?

Basically one of the Security Guards at a site I go to asked if I knew about Employment Law?


He was tupe (Transferred) from his previous employer to a new one. He has never had a contract change so believed his terms and conditions were as before.
The contract He has from his previous employer states that when working a Bank Holiday He was entitled to Double Time Pay.
Having worked over Christmas, he claimed Double time for some of the relevant Hours.

To be told by his New employer "We don't have a copy of your Old contract"
Our terms are not Double time so we have not paid you Double time.

I think all he got was Flat rate?

Is their action legitimate?

Grizzly

[al]

No, his old employer should have given a copy of his contract to them, if there is an employment tribunal or similar go straight to them, my understanding is conditions remain the same unless he signed a new contract.

[Grizzly]

Thanks for your input al.
Anybody feel differently?
Grizzly

[Brian_UK]

Nope, I agree with Al.

[Magoo]

Totally agree with Al, same situation here in NZ

[Tayters]

To be told by his New employer "We don't have a copy of your Old contract"


Ha, so the new company TUPE'd the workers on the same contract but didn't know what that contract was.
Yeah, like we all believe that.

Only had a brush with TUPE once. I left the firm before the TUPE started but heard all about it from the other techs. Good idea in principle. In practice new firm (perhaps not all) turning thumbscrews to get you to sign over to new terms or similar underhand practices. Security firm sounds no different.

Time for a revolution!

Cheers,
Andy.

[Grizzly]

I totally agree with you Tayters.
These Employment agencies masquerading a legit Companies.
Grab a contract for less than the original then proceed to Squeeze the Staff and their conditions.

Grizzly

[frank]

As an employer I'm not allowed to change an employees contract without his agreement. In law, a contract is an agreement between 2 parties, neither one has the right to amend the terms without the others agreement.
I'm not too sure about when a company buys out another but assume there are safegaurds in the terms of sale somewhere protecting the existing employees contracts??

[frank]

Speaking of contracts...just got in from work and opened a letter from the bank (HSBC) telling me that the banking terms are changing and if I don't agree I can close my account without penalty.

Not sure if this is legal but I can't move bank as I can't find anyone to handle that amount of cash :D

[Grizzly]

Speaking of contracts...just got in from work and opened a letter from the bank (HSBC) telling me that the banking terms are changing and if I don't agree I can close my account without penalty.

Not sure if this is legal but I can't move bank as I can't find anyone to handle that amount of cash :D

Lloyds have recently changed their terms also, they basically said the same thing Frank!

They said "I was worth a mint!" and gave me a Polo!
Steve.:D

[Magoo]

Interesting read about Banks, probably better described as " Gun to the Head policy " and Grizzly more like a lemon drop rather than a polo.
As for employment contracts a very similar attitude, sign or see you out the front door.
Similar to the McD's staff employment policy " we want you to be available 24/7 at companies choosing and no guaranteed hours per week." and paid at minimal wage rate, no penalty rates.

I read some where that 62 or 162 billionaires had a combined wealth of half the population planet earth, how sad is that. I definitely did not rate in the 162 or 62, but like Buffet ,I drive an old clapped out car, the car and I are great friends and get along well.

[cool hand fluke]

I was tuped years ago, the md and hr manager sat us down one by one and went over the new contact and the changes. Explained the pros and cons ect.
I thought it was a good way of doing it as i may be able to fix a fridge but understanding legal terminology is a different ball game.
The security Gaurd needs to fight his case. Acas will be able to advise him, I have seeked advise from them in the past and they really are good. Not one sided and put it all in laymens terms.

[Grizzly]

I seem to remember your issues back then fluke!
Thanks for your input, appreciated.
Grizzly

[cadwaladr]

Wow I love working for myself no employees,it's certainly a minefield but workers rights need to be protected acas is brilliant one of my female friends had issues with her employer and they got it fixed,too many employers are taking liberties with staff nowadays I am not a staunch union guy the seventies actions by some of the unions was suicidal mainly in the car plants etc but workers rights need to be protected ,