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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 59673
Experience:  Qualified Solicitor
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Good afternooon, i would like to get an advice on a case

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Good afternooon, i would like to get an advice on a case related to change of a contract after a Tupe process
JA: Where are you? It matters because laws vary by location.
Customer: Crawley, West Sussex
JA: What steps have you taken so far?
Customer: I used to work for Jamies Italian Group , after it went into administration we`ve been transfered to SSP. I work at Gatwick in one of Jamies Restauramnts as a departmental manager i was hourly payed but my contract has been changed to salary with 40 hours per week
JA: Anything else you want the lawyer to know before I connect you?
Customer: The addnendum steted the following : Your standard working weekly hours are stated above. You will be required to work additional
hours in any week according to the needs of the business, there will be no additional payment
in respect of any additional hours worked. The days of the week on which you may be required
to work and the number of working hours within each working day, may vary or be changed
periodically, depending upon the particular requirements of your post and the trading hours of
the unit in which you are based.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

How long have you worked for the business, all in all?

Customer: replied 1 month ago.
Hi Ben
Customer: replied 1 month ago.
I would like to get your advice on the case above

Hi there. Please provide the information requested

How long have you worked for the business all in all?

Customer: replied 1 month ago.
since May 2015
Customer: replied 1 month ago.
i will forowrd you the addendum which i have received a few days ago

OK thanks. I will wait to receive it

Customer: replied 1 month ago.
It sais its been sent
Customer: replied 1 month ago.
I can provide the old contract as well if its needed
Customer: replied 1 month ago.
HI, have you received it

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Many thanks for your patience. If TUPE applies to a transfer, those employees assigned to the transferring business will automatically move to the new employer on their existing contractual terms and conditions. Simply put, the new employer would 'step into the shoes' of the old employer and the employees should start working for the new employer as if nothing had changed, apart from the name of their employer. They would also preserve their continuity of service and the time with the old employer will form part of their continuous service.

This is the ideal outcome, although post-transfer difficulties can often arise. For example, the new employer may wish to try and change some of the incoming employees’ terms and conditions as they may not necessarily agree with the terms they were entitled to under their old contracts. However, under Regulation 4(4) of TUPE any changes are automatically void if the sole or principal reason for them is the transfer.

The only circumstances under which an employer may wish to try and introduce changes are:

{C}· If they were unconnected to the transfer; or

{C}· If they were necessary for an economic, technical or organisational (ETO) reason, subject to employee agreement or the terms of the contract permitting the change.

Some employers may try and justify making changes by arguing that they are needed in order to harmonise the transferring employee’s old terms with the new employer’s standard terms. 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.

If there are concerns about the fairness and validity of any changes introduced by the employer following a transfer, a formal grievance can be raised with the employer. Following that, the main option to pursue this would be by resigning and making a claim for constructive dismissal in the employment tribunal.

Does this answer your query?

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can simply reply on here with a quick ‘Yes, thanks’ and I won’t bother you again. Thank you

Customer: replied 1 month ago.
Hello Ben, thank you for your answer apologise for the delay but quite busy week at work and didn't had the chance to reply earlier.
My main concern is do my employer got the legal right to require me to sign this addendum with saying on it that I might be asked to do extra hours without being payed for that.
Kind Regards
Vladi

Hi, no worries and thanks for getting back to me.

No one can force you to sign this letter and you can refuse. However, they can just implement the changes anyway, even without your consent. That is when you need to consider your position and options as per my original response

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