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Hi, TUPE was mentioned but i dont know much about them, apart from the fact that they were involved in the transfer of the companies.
When TUPE applies to a transfer it mans that your old contract would have transferred over to the new company and everything would remain the same, apart from the employer changing. So your old contractual terms would have been applicable at the time of suspension and you should have been entitled to full pay during your suspension. Even if there was no such clause or the contract had not transferred, if an employer suspends an employee with no pay and they did not have the specific contractual right to do so, it would amount to unlawful deduction of wages. So either way your employer is in the wrong and you should have been paid for that time.
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:
Hopefully 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.
Hope this clarifies your position? If you could please let me know that would be great, thank you
Thankyou very much for your help, i will put pen to paper tonight, and hope the mention of legal proceedings will bring this to a close. I shall let you know in due course of the outcome. Regards Sharon.
you are welcome, best of luck