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Jenny
Jenny, Solicitor
Category: Law
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Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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Contract I work for has recently been taken over and I have

Resolved Question:

Contract I work for has recently been taken over and I have moved across with TUPE. Current job has been changed and I am at risk, may have to take another lesser job and possible pay reductions? can this be done as I have accrued over 16 years service in this contract. If I do not go down this route I could make myself redundant? is this correct as I thought under TUPE you could not be worse off, new company took over in June.
Thanks
Andy
Submitted: 2 years ago.
Category: Law
Expert:  Jenny replied 2 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today.

taratill :

What will happen to your original job in this scenario?

Customer: replied 2 years ago.
The original job has gone, basically the job has been split into two, managerial and facilities. I was unsuccessfull for the one and now in the other mix for the other. The original job was doing both jobs. Technically the new job will still have 80% of the old job which I was doing.
Hope that makes sense.
Andy
Expert:  Jenny replied 2 years ago.
Hi Andy it does, so as an alternative to redundancy are you being offered a job on a lower scale and salary?
Customer: replied 2 years ago.
Yes, will seem so as unsuccessful for the managerial position. I have been told that I will be considered for the facilities managers job which us a lower scale where the pay scale will be looked at and possibility of scaling down.
Expert:  Jenny replied 2 years ago.
Ok well regardless of TUPE they cannot impose this lower salary / scale position on you. They can offer it to you, but if you do not accept it you will be entitled to a redundancy payment and you should ask for one.
The only circumstances in which terms and conditions can be changed post TUPE is where there is something like a redudnancy situation which seems to be the case here.
I would suggest you ask for clarification that if you do not accept the role they will pay you redundancy.
If they say no then you will need to raise a grievance and potentially raise a claim against them in the Employment Tribunal.
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.
Jenny, Solicitor
Category: Law
Satisfied Customers: 6305
Experience: Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
Jenny and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Hi, forgot to say that the facilities job being offered was partbofvmy previous job plus other staff working in this grade are on the same or more money that I maybe offered?, seems unfair ?
Andy
Expert:  Jenny replied 2 years ago.
Hello you should raise a grievance about this and if you are not satisfied with the response you may be able to claim unfiar dismissal in the event you are made redundant.
Jenny, Solicitor
Category: Law
Satisfied Customers: 6305
Experience: Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
Jenny and other Law Specialists are ready to help you

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