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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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I transferred between employers keeping the same T and Cs.However

Resolved Question:

I transferred between employers keeping the same T and Cs.
However I have found out that the new employer is take annual leave of me for statuary days. This have not been sign away by me. I have talked to the Labour relation agency who told me the employer should not do this. My union has not been helpful in stopping this and the new employee is not dealing with my request to give me back the days. can this been a break in the TUPE law.
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. can you tell me was this a transfer under TUPE.

Customer:

Hi Ben

Ben Jones :

Hello was this a transfer under the TUPE or were you offered a redundancy package.

Customer:

it was under TUPT to keep all same T and Cs , pay, annual leave, stat holidays etc

Customer:

sorry TUPE

Ben Jones :

OK thank you for that please leave it with me. I am in a tribunal today so will prepare my advice during the day and get back to you this evening. There is no need to wait and you will receive an email when I have responded. Thank you

Customer:

ok thank you.

Ben Jones :

Apologies for the slight delay, I experienced some temporary connection issues earlier on. All seems to be resolved now so I can continue with my advice.

The key is whether your old contract allowed for something like this to happen. When you transfer under TUPE you are effectively moving on to the new employer under the exact same terms and conditions which you had before the transfer. The new employer has a legal duty to keep those terms and not change them. There are very limited circumstances when changes can be made but these are unlikely to apply here. Therefore, if they are now doing things which go against your old contract, that can indeed be a breach of TUPE because they are not adhering to these old terms as they would be expected to under TUPE.

In terms of taking the matter forward you have the following options:



  • You can raise a formal grievance with the employer to have this dealt with officially by them

  • If the grievance does not resolve matters, you can consider making a claim for unlawful deduction of wages in the employment tribunal – by deducting money which is not allowed under your contract, the employer is potentially going to be making unlawful deductions from your pay which is illegal and something you can pursue

  • The final option is to resign and claim constructive dismissal. As you can imagine this is a drastic action because you are giving up your job, but it is something which you can pursue if you believe that you can no longer continue working there as a result of the employer’s actions. Of course you should try and pursue the above options first before resorting to this.


Hope this clarifies your position? If you could please let me know that would be great, thank you

Ben Jones :

Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? I just need to know whether to close the question or not? Thanks

Customer:

Many thanks Ben,

Customer:

Very helpful Sir.

Ben Jones :

you are welcome, all the best

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