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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience:  15 years experience of advising on employment law matters
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Hi there, I have an employment law question for you. I transferred

Customer Question

Hi there, I have an employment law question for you. I transferred across to a council via TUPE, the council have now gone through a pay and grading review and I am now on their contract, my terms and conditions remained the same. The council have now implemented a weekend working allowance for weekend working (only Sundays) and I was told that to be entitled to that allowance I had to vary my terms from a 5 day Rota (Mon -Fri) to a 7 day Rota, I was told that I would not have to work Saturdays, or Sundays in excess of 12 per year, this turned out to be false on both counts. I have now followed the grievance procedure and stated that the facts were misrepresented, there was no indication to what I was agreeing to other than what I was told. I have now been made aware that it is a possibility that they could terminate my contract and offer me new terms, my problem is that it is difficult for me to work Saturdays as I am doing a degree with open university, I have lectures once a month, also it's when I get the majority of my work done as if I come across any problems my queries are answered quickly as my tutors have jobs, if I email a query to a tutor on a Tuesday I'll get a reply Tuesday night, on Saturday it's a lot quicker. Prior to signing the council contract I could work optional weekends as per my previous contract for enhancements of 7.5% for every other Saturday, 15% for every Saturday. Saturday's were that important to me that I did not work any, the council were fine with this. I'm not sure what I can do or should do, or where I stand!! Please help!!
Submitted: 3 years ago.
Category: Employment Law
Expert:  taratill replied 3 years ago.

taratill :

Hello and welcome to Just Answer, when did your contract transfer?

JACUSTOMER-39zllck7- :

I transferred to the council 3 years next January, which was protected until the pay and grading review which happened in April this year which is when I transferred contracts.

taratill :

Hello have they given you a reason why they require you to enter a 7 day rota?

JACUSTOMER-39zllck7- :

Because the7 day Rota is necessary to the service. because my colleagues work 7 day Rota, and 'the substantial business reasons that make these changes a necessity to the business.' - from my line manager

taratill :

Ok thanks. Under TUPE you have the right to be engaged on the same terms and conditions. Even after a period of time has elapsed the employer may not vary your terms without being in breach of TUPE.

taratill :

The exception to this is if there is an 'economic technical or organisational reason entailing a change in the workforce'. This could be if there is a real operational reason that they need to operate a 7 day rota. It would be more than a preference.

taratill :

I would suggest you raise a grievance that it amounts to a breach of TUPE laws and that if you are forced to leave as a result of it you will bring a claim in the employment tribunal. HOpefullly this will be enough to concentrate the employers mind and to rethink.

taratill :

If you have any further quesitons please ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.

JACUSTOMER-39zllck7- :

So what would constitute an economical technical or operational reason?

taratill : It would be something like a need to produce a product within a certain timeframe or provide a sevice over a certain period. I think a 7 day rota will be quite hard to justify to be honest.

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