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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47889
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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ONLY Under TUPE or similar, can a new employer make the

Resolved Question:

For Ben Jones ONLYUnder TUPE or similar, can a new employer make the following changes?-Make employee pay for uniform (where it was previously supplied free of charge, and replaced when worn out)
-Change pay from weekly to monthly
-Increase the notice of holidays from 2 weeks to 4 weeks
-Force drivers to have a company-owned dash cam fitted into personal vehicles, that have two lenses recording both the road and inside the carAll of these changes have been made after years of the contrary, following the sale of the business in January.Thank you
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Expert:  Ben Jones replied 1 year ago.

Are you the employer proposing to make the changes?

Customer: replied 1 year ago.
No, an employee
Expert:  Ben Jones replied 1 year ago.

First of all you have to consider if any of these were contractual terms because TUPE only protects contractual terms and conditions. S for example if the provision of the uniform was a non-contractual policy then that will not transfer to the new employer. Same goes for the dash cam – was there a specific contractual clause saying that no dash cams were to be fitted? If the change do not relate to contractual terms from your previous employment they will not be protected under TUPE.

Changing the way you get paid can be justified if it is to bring you in line with the existing workforce. If the payroll is set up in such a way that they process monthly pay for the workforce and it would be difficult to start doing weekly pay for a select portion of employees, they can harmonise the terms with the majority.

You are probably in the best position to challenge the holiday notice changes, of course assuming that they were contractual before.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

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