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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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i was TUPE'D to a new company on 1st march 2014 and they are

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i was TUPE'D to a new company on 1st march 2014 and they are forcing a new contract with new terms and conditions,and this contract will take 18 hours a week off me leaving me £120 a week worse off.
my weekly gross pay at present is £406 per week and under the new terms i will have a gross weekly pay of £280 per week. this will cause me severe financial hardship and possible leave me without transport and land me in court for failing to pay my finance on my car. i have set a grievance in progress and have a meeting arranged for the 19th of this month. but I've been for interviews because i cannot afford to take such a big loss in pay and i have been offered a position with another company and have to start on the 17th of this month.
do i have a case for constructive dismissal or should i just cut my losses?
my old contract was a zero hours but i have been working 60 hours a week at the same place of work doing the same shifts for the last 5 years, the new contract is a 42 hours a week contract and I've been told if i don't sign it i will still be rostered for 42 hours a week but i won't be entitled to the pay rise of 85p per hour that everyone else will get for signing the new contract.
even with the pay rise i would be £90 a week down on my usual gross weekly pay.
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. How long have you worked there in total?

Customer: I've been there since September 2009
taratill :

Hello under TUPE they are not entitled to 'force a new contract' on you. You should raise a grievance about this and say if they insist on doing it you will have no alterantive but to resign and claim constructive dismissal given that it puts you to a significant financial disadvantage.

taratill :

If they do not rethink then you will need to promptly resign to raise a claim. Timing is essential as otherwise you may be deemed to have accepted the new terms.

taratill :

Before raising a claim you will need to engage in ACAS early conciliation. Details of which can be found at http://www.acas.org.uk/earlyconciliation

taratill :

If you have any further questions about this please ask.

Customer: I have refused to accept the new terms and have already raised a grievance and the date for the grievance meeting is the 19th of this month. But I've been offered a job that I must start on the 17th of this month. I don't want to lose this job and then get stuck in my present job and lose all that money. They have said I don't have to agree to the new contract but if I don't then I will not recieve the pay increase everyone else gets that have agreed to the new contract
taratill :

Ok understood. They are right about the payrise in the sense that unless you get the benefit of a contractual payrise on your original contract they will not have to give it if you do not accept the new terms. It may be best to accept the new job and cut your losses if it is something you are happy to take. You can do so and still raise a claim for the lost pay over the period since they changed the terms/ you tuped across.

Customer: The new terms don't start until the 24th of this month. But being forced into leaving due to their new terms leaving me in severe financial hardship, does this give me a case for constructive dismissel? And if so would it be worth while pursuing or am I best just forgetting about it. Will it cost me and would the claim be worth the outlay?
taratill :

yes it does give rise to a claim of constructive dismissal but it will not be worth claiming unless you suffer an economic loss as compensation is based on economic loss. This means that unless you are earning less in the new job that the job you have had to leave, whilst technically you have a good claim the tribunal will not be able to award compensation.

Customer: I will be losing about £40 a week in my new job is that to little to bother pursuing
taratill :

no not at all. So long as there is a loss of some sort it will be worth it. I would suggest you contact the pre-claim concilliation service I mentioned above to get the ball rolling. YOu need to resign first though.

Customer: I am going to try fetching the grievance meeting forward so I can say I've allowed them to try resolving this issue before I give them my notice as soon as the meeting is concluded. Because I know they will not deviate from their new contract.
taratill :

Good idea.

taratill :

If you have any further questions please do ask. If Ihave 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 thank you Jenny.
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience: 15 years experience of advising on employment law matters
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