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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience:  15 years experience of advising on employment law matters
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Hi - My whole department has just been TUPEd. During the

Resolved Question:

Hi - My whole department has just been TUPE'd. During the consultation process a number of individuals were granted a change in job title (non of these were coupled with an actual change in role). Each of these changes warranted an increase in notice period which significantly increased those individuals exit package (as we are being paid notice in lieu as an ex gratia payment).
I have finally had my own title changed to match more suitably to the role I do. This title would usually carry 3 months notice where my previous notice was 2 months. As such I have requested my employer honour this notice period in my exit package in the same way they have the other 5 individals who had title changes.
They are refusing to do so. Is there any legal standing to contest this?
Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today. Were the other people's packages changed prior to the TUPE transfer by the old employer?

Customer:

Let me explain a little better. The whole finance department has been "TUPE"d to India - so no one has actually transferred

Customer:

every one instead has opted out

Customer:

and been given a retention package

taratill :

has the employer said why you have not been given the same package as others? How long have you worked there for?

Customer:

so the package includes payment of notice in lieu plus statutory redundancy plus 20% of salary per month for the length of time you are required to stay (for most this is 6 months)

Customer:

I've worked here for 2 years

Customer:

I have been given the same package essentially - the issue is the notice period

Customer:

so 3 people were re-titled Supervisor - therefore their notice period was increased in line with this

Customer:

2 people were re-titled Manager - therefore their notice period was increased in line with this

Customer:

4 people have now been re-titled "Partner" which would usually require an additional month's notice

Customer:

but the are not honouring this notice period in terms of our ex gratia payment

Customer:

does that make sense?

taratill :

Yes has your employer said why it has not honoured your notice period when it has for others?

Customer:

No

Customer:

hang on - I'll paste in the response

Customer:

Susan,

This is not up for debate. We have changed your job title purely on the basis that you wanted something more appropriate for your CV. There has been no change in role and will be no change in notice period.

Kind regards,

Claire

From: ***** *****
Sent: 05 September 2014 09:56
To: ***** *****; Lucy Scales; Leo Chin; Richard Oxtoby
Cc: Claire Price; Paula Cunnington; Louise England
Subject: RE: Notice Period for Client Finance Partners

Good morning David.

Whilst we acknowledge that it was not explicitly agreed during the consultation process that our notice period would be extended - it was agreed that we would be given a title that distinguished our role as more senior than that of Donna, Nathalie and Mario who were made up to supervisor during the process. It was also agreed that the title of Supervisor had never been appropriate for the role that we were doing – it seems clear that it was decided that the job that we were and are doing is in fact a partnering role.

As you're aware this change of job title took some months to come to fruition.

Of the people who had a change of job title at the time (I.e. During the consultation period) it was agreed that all 5 were to have their notice periods increased in accordance with the standard notice period for that role - meaning Donna, Mario And Nathalie increased from 1 month to 2 months; Steve and Leanne increasing from 2 months to 3 months.

We are merely asking to be afforded the same consideration as is fair and just.

As such we urge you to reconsider your position.

Regards

Sue, Lucy, Richard and Leo

From: David Ewing
Sent: 04 September 2014 18:59
To: ***** *****; Leo Chin; Richard Oxtoby; ***** *****
Cc: Claire Price; Paula Cunnington; Louise England
Subject: Notice Period for Client Finance Partners

Hi All

With reference to your email regarding notice period, whilst we agreed to adjust your job title as per your request, change of notice periods was not promised during the consultation period. Your responsibilities remain unchanged and a change in job title does not automatically change your notice period.

Subsequently, your notice periods will remain at 2 months and is the correct notice period for your roles.

Regards

David

Customer:

To clarify - the point of the title change was because our existing title was not appropriate for the role we were doing.

taratill :

Ok thanks, ***** ***** the circumstances you are in I do not think there is any legal claim that can be brought for the additional notice period. Unless you were given a contract that stated the notice period the fact that it has, previously attached to a job title would not mean you are contractually entitled to it, so there is no claim in breach of contract on that basis.The only other possible claim would be discrimination based but it does not seem to be that there is discrimination contrary to the Equality Act here.

taratill :

I am terribly sorry that this is not the answer you want. I am just afraid that unless the notice period was specifically agreed you cannot claim you are entitled to it.

taratill :

If you have any further questions please do 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.

Customer:

OK thanks - it is as I feared to be honest - just very frustrating and unfair :(

taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience: 15 years experience of advising on employment law matters
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