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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48474
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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on 13 of febuary 2015 we tuped over to a new company our paydate

Resolved Question:

on 13 of febuary 2015 we tuped over to a new company our paydate is 25th of every month
the new company have sent us a letter telling us that their paydate is every 15 of the month they tell use we will be paid 24-04-2015 then the next payday is 15-06-2015 can they make you wait seven week three days without pay
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. Do you need more notice of this change?

Customer:

how will i pay my bill with no money for 7 weeks

Ben Jones :

I understand that this will impact your bills etc but if the employer gave you more notice would you be able to deal with this, manage the payments, contact the companies you must pay to arrange a new pay date etc?

Customer:

not without getting paid i thought when you tupe over the new company cannot change contracted hours untill after 1 year

Customer:

will ask a solistor your answers are very poor

Ben Jones :

I have not given you an answer yet!

Customer:

i dont think this service is worth £38

Ben Jones :

I am not sure what you are referring to I have picked up your question and started asking you preliminary information so that I can understand your situation before I prepare my advice and post it on here?!

Ben Jones :

but if you are unhappy then there is no point in continuing

Customer:

we used to work for the co op then a company called cardtronicis took us over in novemer this new company took us over in feb both imes we tupe over how can a company withhold seven weeks money

Ben Jones :

ok so do you want to continue?

Customer:

i have paid 38 pound so i wanyt some help

Customer:

i was under the impression that with tupe nothing could change for 1 year

Ben Jones :

I will give you help if you give me the opportunity to get the information I need and also draft my response...I can't just give you a detailed answer in the space of a minute or two unfortunately

Customer:

ok sorry am upset with new company not you

Customer:

have work with co op since 2001 tuped with new company 13 feb 2015

Customer:

have already been paid be new company on 25 feb 2015

Customer:

the next two wages are 25/03/15 then 24/04/15the the company says the next one after that is 15/06/15

Ben Jones :

ok let me get my response ready please I will respond on here shortly

Ben Jones :

It is not true that employers cannot make changes within a year after a transfer. In fact the protection is generally indefinite but there are circumstances when changes are allowed.

If TUPE applies to a transfer, those employees assigned to the transferring business will move to the new employer on their existing terms and 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. There have been cases before where the pay date has had to be changed to align the new employees with the existing ones in terms of pay date etc and these are generally allowed but appropriate notice must be given. So if you believe you have not been given enough notice you can ask the employer to delay the changes so that you can make the necessary arrangements to ensure that you are not adversely affected by these changes. But the changes can eventually be introduced.

Customer:

ok thank you

Customer:

will take to employer

Ben Jones :

you are welcome

Customer:

how do we finish so i can rate you

Customer:

do i click on save and exit

Ben Jones :

the rating option should be enabled, does it not work? You can type up your selection here if you want and we can process it later

Customer:

keeps telling me you experts not finished

Ben Jones :

I have, sometimes there is a delay in enabling the rating options so you can just type up your selection here and I can close it

Customer:

good service ok

Ben Jones :

thanks

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