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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46170
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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i work for cheshire county councilas a carer ,i am being moved

Resolved Question:

i work for cheshire county councilas a carer ,i am being moved over to liverpool my local authority ,but have just been told today that my wages are going to be dropped from 426.13 per week to 310.oo .i will be doing the same job are they allowed to reduce my wages this way thank you ***** *****
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. When you say you are moving, how/why is that happening

Customer:

i am a carer for a young man with learning disability in y own home ,he was a fro cheshire ,but under a new law after he has been here for so many years ,they can move the responsablity to the local authority ,whitch is liverpool .i have had a introduction meeting with pss today and they said that they only pay 310 pound a week ,but i am on 426.13 now .jackie

Ben Jones :

Have they mentioned something called TUPE?

Customer:

no

Ben Jones :

so is the LA basically taking over the services of the previous provider?

Customer:

yes

Ben Jones :

ok thanks let me get my response ready please

Customer:

ok thankyou

Ben Jones :

There is a law known as TUPE which applies when a business undertaking, or part of one, is transferred to a new employer or if there is a service provision change, such as a new service provider taking over an existing contract.


 


If TUPE applies to a transfer, those employees assigned to the transferring business will move to the new employer on their existing terms conditions. Simply put, the new employer will 'step into the shoes' of their old employer and the employees should continue working for the new employer as if nothing had changed, apart from the name of their employer.


 


The above is the ideal outcome, although post-transfer difficulties may often arise. For example, the new employer may wish to try and change some of the incoming employees’ terms and conditions. However, under Regulation 4(4) of TUPE any such changes are automatically void, unless the employer can show they were in no way connected to the transfer or if they were necessary for an economic, technical or organisational reason (ETO reason) subject to employee agreement or the terms of the contract permitting the change.


 


Some employers may try and justify changes by arguing that they are needed due to harmonisation and therefore rely on an ETO reason. However, Government guidance and case law has restricted the application of harmonisation as a genuine reason to amend a person's terms of employment. Harmonisation will only be a valid reason if there is a change in the workforce and this must involve change in the numbers, or possibly functions, of the employees. In practice, relatively few contractual changes would involve such changes so harmonisation will rarely be used as a justifiable reason.


 


If the changes are part of a wider reorganisation which has nothing to do with the transfer, then they may be effective. The longer the gap between the TUPE transfer and any reorganisation, the greater the chance that the causal connection will be broken. However, there is no specific period after which it is safe to say that the connection with the TUPE transfer has been broken, as the test is whether the change is connected to the transfer. The mere passing of time does not of itself break the connection.


 


It is for the employer to prove that a proposed change is permissible under TUPE and if there are concerns that the changes cannot be made, this can be challenged by raising a formal grievance first and then considering making a claim in an employment tribunal.


 

Customer:

Ben dose that mean that the liverpool authority who are taking over responsibility for simon ,will have to pay me what i am on now .

Ben Jones :

yes correct

Customer:

were will i find out about turp ,are there any sites i can down load it from .

Customer:

tupe

Ben Jones :

this can be useful:

http://www.cipd.co.uk/hr-resources/factsheets/transfer-of-undertakings-tupe.aspx

Customer:

brilliant thank you Ben i have taken your www.down can i contact you again for further help .i think i might need help.

Ben Jones :

you are welcome back any time

Customer:

thanx Ben.

Ben Jones :

.

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46170
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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