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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I tupe to a new company whilst pregnant. Despite 121s prior

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I tupe to a new company whilst pregnant. Despite 121s prior I was told on my first day they were changing my pay date from 20th to end of month, my annual leave reducing and changing to Jan to Dec high I disputed. On my first month didn't get paid correctly. I get my main money plus car allowance ( they denied knowing about this hence the reason it wasntpaid and had to wait over 2 weeks to get it.i also get mileage allowance this again wasntpaid and I chased for nearly 3 wks.rventually received. The next payment that was due was to start part of my maternity pay and they paid me in full. ( this was whilst I was in hospital.)The following morning month I wasn't paid correctly payslip said £0 and that they would pay by bad an amino as a pan and I would have to pay it back after government no to the job centre to claim benefits? I had correctly completed all for,as and provided my matb1 form from company and had breakdown of letter of my maternity payments this included statutory and enhanced omp. I also received my car allowance monthly before when I was on maternity. The new company promised to art my pay despite this I was on the phone and emailing numerous times between coming out of hospital up to begin of December and also got the new manager who is used to work with at my old company who started part time with the new company. I'm concerned with the pay not being received correctly each month and the fact the director said he wanted to change my contract back when I return back to original job I used to do. I've als been told they are not paying landlords properly as well and concerned I wil either be left to return against them trying to change my contract, not receiving the correct money and eventually them closing and me not having received what I should. They went through an apparent tender process and came out the best. The details we were given was an actual estate agent company and then at last minute aside we would be called a new name but would be able to use some of the workers from the agents t do things for us. We also had no office until after I was on maternity leave and very worried about returning.
Submitted: 10 months ago.
Category: Law
Expert:  Ben Jones replied 10 months ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. What specific questions do you have about this?
Customer: replied 10 months ago.
Are they allowed to change my contract? Can I chase them for the car allowance knowing I received it before from the old company and they did actually rewrite my maternity payments that are different to old hrs letter of breakdown of payment and have stated they would recommence car allowance as gesture of tupe goodwill but not paying it. Can I give them a time limit if they haven't paid me correctly and owe me money to get it paid properly and chase for the increase of wages that they haven't given me since sept whilst on maternity?
Expert:  Ben Jones replied 10 months ago.
Was the car allowance a contractual entitlement?
Customer: replied 10 months ago.
It would form part of my contract. It advertised as annual wage plus car allowance as I use the car to travel around which forms my job role.
Expert:  Ben Jones replied 10 months ago.
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. 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. As far as the pay you are due is concerned you may indeed try to put some pressure on them to pay you by a certain date, failing which you reserve the right to take matters further. They do not have to pay you within that time but if they do not do so then you can take things to the next step based on the fact that you gave them a time limit which they have failed to keep to. This is your basic legal position. I have more detailed advice for you in terms of the steps you need to take to pursue the payments if the employer fails to pay, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, leaving a rating will not close the question and we can continue this discussion. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45286
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and 2 other Law Specialists are ready to help you
Expert:  Ben Jones replied 10 months ago.
Thank you. If they fail to pay then this potentially amounts to an unlawful deduction from wages, which is made illegal under the Employment Rights Act 1996. In order to try and resolve this, the employer should be contacted in writing, advised that this is being treated as unlawful deduction of wages and ask them to pay back the money within 7 days. Advise them that if they fail to pay the money that is owed, legal proceedings could follow. If the employer does not return the money as requested, the following options are available:1. Employment Tribunal - the time limit to claim is only 3 months from the date the deductions were made. To make the claim, form ET1 needs to be completed and submitted - you can find it here: https://www.employmenttribunals.service.gov.uk/employment-tribunals2. County Court – this is an alternative way to claim and the advantage is that the time limit is a much longer 6 years and is usually used if you are out of time to claim in the Tribunal. The claim can be made online by going to: ***** ***** by warning the employer you are aware of your rights and are not going to hesitate taking further action they will be prompted to reconsider their position and work towards resolving this.
Customer: replied 10 months ago.
Thank you. I spoke to them yesterday and have paid the rest of my pay by bacs despotism saying they do not know why I was short yet again this month. In regards ***** ***** car allowance they are saying despite my old employer paying me 5 years ago when I went on maternity each month they are saying as it states 1800pds pro rata that I'm. Not entitled to 150pd each month and paid 150pd s a gesture of goodwill tupe transfer.they have stated in a letter ' this would appear to be pro ratas entitlement, which technically means that if for any reason you are unable to use your vehicle for work the payment would not be applicable, I note avenue made a policy decision to make the payment regardless. In the sprit of tupe transfer and as a one of gesture we have agreed to continue to make the payment whilst you are on maternity leave. Therefor we will back date payment for Oct and Nov and going forward this will appear in your payslip as an itemised payment. We will resume the monthly car allowance payment in the usual way from December. ' they have now added on my payslip the 75 pds as part of the amount of car allowance and made the monthly wage due including this not on top. My old company would pay smp and omp to me and would state these seperate on breakdown and the car allowance would be added on top of this again showing the breakdown of 150pds- does this make sense?
Expert:  Ben Jones replied 10 months ago.
So are they still underpaying you?
Customer: replied 10 months ago.
I was due a pay increase in September prior to maternity which hasn't been calculated, so yes they have worked out figures under what they should. Also getting payments in dribs and drabs over the weeks leading up to my next pay date. I've just been paid an extra 400pds. I'm due back beginning of April and already concerned as they said they don't know about my pay increase and as far as I'm concerned not entitled to it. I spoke to my manager as she used to work for the old company and knows I was due my pay rise and my old hr assured me this was advised to the new company. If a company writes an amount down advising what they will pay you surely they need to stick to that amount and not pay in bits over the course of 3 and a bit weeks to the next payday? Where do I stand with the pro rata mileage. There is nothing in my contract that states if I'm. Unable to use my car like they have stated. Essential car user allowance of 1800pds will be paid it states pro rata under my annual wage on the ck tract I originally signed.
Expert:  Ben Jones replied 10 months ago.
This really hangs on what pro rata means here. Legally it means in proportion but it does not state in proportion of what exactly. If you always received the full amount regardless of usage then this is not what pro rata would refer to so they should not rely on what in such a way
Customer: replied 10 months ago.
I'm trying to get hold of the policy from the company so I can see in detail what it states. My new company are saying under tupe they don't have to adhere to my old company is policies and procedures, yet some of the details in the contract state to look on the internal I thanet for more details of the policy. Would this be correct?
Customer: replied 10 months ago.
Sorry predicted ted text that's internal intranet
Expert:  Ben Jones replied 10 months ago.
Only contractual terms and conditions transfer under TUPE. the contract mey refer to a policy but that does not that policy contractual. It must state that the policy forms part of your contract of employment or something similar which specifically states it has contractual effect

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