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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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In early August we were transferred under Tupe to a new employer,

Resolved Question:

In early August we were transferred under Tupe to a new employer, we were advised that nothing would change, which we believed would not be for time immamoriial as we would ultimately have to be intergrated into the much larger business we are now part of.
Part of our original contract was a salary review on the 1st of January each year, this sometimes did not occur to Feb or even March, but any increases in salary werr backdated to Jan 1
Our new employer has written to us, stating that our Salary review has been deffered to June (with no ref to back dating any salary increase to our contracted date of 1st Jan, and that in fiture will be in June annually.
Is this possible / legal without consultation
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:

For the original employer 14 years

taratill :

It is unlawful under TUPE to change terms and conditions, so if they do this and you suffer a detriment, by not being backpaid then you can bring a claim in the employment tribunal who will give a declaration that the change is void. In the first instance I would suggest you raise a grievance to say that this is void under the TUPE regulations and ask them to confirm that they will not breach your contract in this way.

taratill :

Hopefully this will be enough for them to change their mind or at least to clarify the point about back pay.

taratill :

If not then you can consider raising a claim.

taratill :

You would first have to engage ACAS early claim conciliation. You will find information about this at http://www.acas.org.uk/earlyconciliation

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.

taratill :

Is there anything further you would like to know?

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