Employment Lawyers Can Answer Your Employment Law Questions
Hello my name is ***** ***** I am happy to help you today. How long have you worked there in total?
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.
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.
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
If you have any further questions about this please ask.
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.
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.
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.
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