Employment Lawyers Can Answer Your Employment Law Questions
Hello and welcome to Just Answer, when did your contract transfer?
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.
Hello have they given you a reason why they require you to enter a 7 day rota?
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
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.
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.
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.
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.
So what would constitute an economical technical or operational reason?