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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49836
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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payrises and tupe

Customer Question

I got tupe'd over from a company in 2010 ive not received a payrise since for excuses. this years is the company will receive 1.5 % increase except for the tupe staff . it explains its based on overall costs . I have low basic but earn bonus . the other workers have a higher basic . and make money up in overtime. so equals out ???? it don't seem a fair position

Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today. Did your old contract provide for a guaranteed pay rise?

JACUSTOMER-1iasmouc- :

No. Just states it will be reviewed annually. They have said they are bringing us into line with rest of work force . Yet there take home is similar to ours as my basic is very low . And I really make my money on extra jobs in the day which is under bonus scheme. Where as the other side of the business has better basic pay and have over time to earn extra.

JACUSTOMER-1iasmouc- :

My bonus is not guaranteed . So I dont see why it can be used as part of argument . And ive always thought bonus work is overtime so optional.

Ben Jones :

If you were TUPE’d over from a previous employer then the law will protect you to an extent that you are entitled to keep your existing terms and conditions. This could be either a good or a bad thing. It would be good if you were on better terms than the new company’s existing employees because you will get to keep your old terms. It would be a bad thing if your terms were not as good because your new colleagues will be on better terms than you. Either way – you cannot expect the employer to equal things out just to make things fairer for you and you will be ‘stuck’ with your old terms, whatever they were.

If the employer subsequently wants to change some of its employees’ terms, they are able to do so, even if they overlook the TUPE staff in the process – remember your legal protection only extends as far as protecting you against changes to your existing terms. So if the employer is not changing your old terms. But is instead changing the terms of its other non-TUPE employees, that won’t be illegal. That would be the case even if the changes appear to make these employees’ terms better than yours. The employer has still not changed your terms, which is what you get protection against, but I am afraid you do not get protection against changes to other employees’ terms – only to yours.

Ben Jones :

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? Thanks

Expert:  Ben Jones replied 3 years ago.
Hello Steven, could you please let me know if I have answered your original question or if you need me to clarify anything else for you in relation to this – this is needed so I can either keep the question open or close it if no further advice is required? Thank you