How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask taratill Your Own Question
taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6342
Experience:  15 years experience of advising on employment law matters
32019188
Type Your Employment Law Question Here...
taratill is online now

Hello Approximately 18months ago I (along with many other

Resolved Question:

Hello
Approximately 18months ago I (along with many other staff) were transferred (via TUPE) from a local authority to a private contractor under my existing LGA Terms and Conditions.
On April 26th this year I received a letter from the contract manager of the private contractor informing me that I was being award a pay increase of 2% however about a fortnight later all staff received an Email message from our group manager (under the contract manager) saying that some pay awards had been sent out in error and that some employees may receive a revised pay award letter.
I have just received an identical letter (May 30th) from my employer that reduces the pay award down to 1% which is payable 1st April.

As far as I am aware there has been no consultation with my trade union regarding either pay award nor has there been a “one to one” / staff review since being transferred to this private company.

There are many questions I feel need asking but the main ones are:

- Are pay awards decided upon by my new employers even when the employee is ex LGA with LGA T&Cs i.e. should the LGA national pay award be applied (currently 1% but under negotiation with trade unions).
- Since no review nor consultation have taken place do I have any recourse against my employer for agreeing one pay award in writing then without explanation lowering this a month later which incidentally is after the award has started (but not paid).

For additional information I am aware that other staff have had different levels of initial pay awards, no pay award and second; reduced pay awards.
Submitted: 4 years ago.
Category: Employment Law
Expert:  Ben Jones replied 4 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. For now please let me know how long in total you have worked there.

Customer:

Hello

Customer:

With the private contractor about 18 months, with local authority over 35 years.

Customer:

Hello, you seem to be off line. I will remain on line for a while to see if you are able to help.

Ben Jones :

Sorry for the delay. I have looked into your query but do not think I have the answer to your question so will opt out and let other experts take this further if they can. Someone should respond shortly. Please do not reply in the meantime as that will just assign the question back to me and you will experience a delay. Thanks

Expert:  taratill replied 4 years ago.
Hello would you still like help with this?
Customer: replied 4 years ago.

Hello, yes, unfortunately the first expert could not answer my questions so I would be grateful if you were able to help please, many thanks

Expert:  taratill replied 4 years ago.
Hello no problem, can you tell me if your current offer (of 1% ) is in line with what was agreed with your former employer and the union? I think that that is what you are saying but just want to clarify the point?
Customer: replied 4 years ago.

hello


1% has been offered but Unison are balloting members on whether or not to take strike action, (although I have to establish whether striking applies to me or not given that technically I now work for a private company) thank you

Expert:  taratill replied 4 years ago.
Hi are they balloting employees in your current organisation or other employees?
Customer: replied 4 years ago.

Unison are balloting all members nationwide because they are members of the union, not due to where they work. I and others think our award is being done separately by our private company or at least that’s how it seems.

Expert:  taratill replied 4 years ago.
OK have you raised a formal grievance or otherwise asked your employer whether this is the case?
Customer: replied 4 years ago.

Not officially, we only found out that our original pay award offer had been retracted on Friday and substituted with a lower one. The questions are:


 


- Are pay awards decided upon by my new employers (private company) even when the employee is ex LGA with LGA T&Cs i.e. should the LGA national pay award be applied (currently 1% but under negotiation with trade unions).
- Since no review nor consultation have taken place do I have any recourse against my employer for agreeing one pay award in writing then without explanation lowering this a month later which incidentally is after the award has started on 1st April (but not paid).

For additional information I am aware that other staff have had different levels of initial pay awards, no pay award and second; reduced pay awards.

Expert:  taratill replied 4 years ago.
Hello to answer your specific question under TUPE Collective Agreements are presumed to transfer to the new employer so the new employer would be obliged to follow the 1% pay award.

With regards XXXXX XXXXX second part of the question you are well within your rights to raise a grievance about this mistake. Technically the employer is not allowed under TUPE law to change your terms and agreements even for your benefit so it may be that the 'mistake' was in awarding you more than that agreed with the union agreement.

If an employer makes a mistake then they are allowed to rectify it by withdrawing the offer. It is not normally considered to be good employee relations to do so. You can argue it amounts to a breach of trust and confidence for them then to retract it.

Hopefully if you raise a greivance they will reconsider, I am not sure however that there would be much merit in raising a claim, especially if the employer can demonstrate that an error has occured.

If you have any further questions please do ask. If I have answered your question I would be grateful if you would give my answer a positive rating.

Thank you and all the best.
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6342
Experience: 15 years experience of advising on employment law matters
taratill and other Employment Law Specialists are ready to help you