My wife works as a regional manager for a nationwide distibution company. She's been there for about 10 years, and about 1 year ago there was a company buyout with an American firm taking over. Today they called her in and told her she was loseing her company car, laptop, mobile and all perks.
She now has to work a shift (2-10pm) instead of flexi hours. Can the company just do this? We are not sure about her wages, she thinks she will have to take a huge (at least 8k) pay cut. Is there any way we can prevent this.
Do the american company have the right to take away our accustomed standard of living? We will need to buy another car, hire a childminder, and I will have to change my work pattern. Obviously this will severley disrupt our lifestyle.
Help please from anyone who knows about this stuff. Thanks
2007-03-06 07:42:31 · 10 answers · asked by sambucaman 3 in Business & Finance ➔ Careers & Employment
She should ask them how they intend to comply with the TUPE Regulations. The Transfer of Undertakings (Protection of Employment) Regulations (TUPE) preserve employees' terms and conditions when a business or undertaking, or part of one, is transferred to a new employer.
See links for details:
2007-03-06 10:44:47 · answer #1 · answered by ms_musicality 2 · 1⤊ 0⤋
Are her "Perks" just that? Or do they form part of the contract?
Check out her contract. Any changes outside of this would be construed as breach of contract.
When the company took over they would have had to have gone through a consultation process with all the staff, or made her reduntant and then have to reapply for the same position (with a different name and different terms and conditions) to alter her contract.
Big companies have HR policies and guidelines that always operate within the law. However this is not to say that some line managers don't know, or dont care what these policies are, and it maybe that you wife's manager acted with negligence.
2007-03-06 07:57:32 · answer #2 · answered by Girugamesh 4 · 0⤊ 0⤋
Hi, I am very sorry to hear about your and your wife's situation. I am not excactly sure where you live but, I would have to guess that YES they are allowed to do whatever they wanted in terms of taking her 'perks' away, with that said, assuming that they are NOT allowed to do this, what could you possibly do about it?
If your wife were to sue that company, she would have to hire an attorney etc...in the meantime, the company would probably treat her worse and maybe even fire her.
Like it or not, not many regional managers are going to be able to tell the company owners how to run their newly accquired business.
Those that do are usually terminated. Nearly every one of us does something at least once per month that could cause us to be terminated if we have a boss that wanted to really stick it to us. (someone on the phone percieved you as rude and complained, a few minutes later after lunch, etc)
Yes it sucks but with all of the experience that she has, why doesnt she look for work elsewhere.
2007-03-06 07:53:13 · answer #3 · answered by lisa s 6 · 0⤊ 1⤋
Hi!
I am currently taking a company over and I have to - BY LAW -take on the existing employess under their EXISTING contracts. That means, same pay, same hours etc.
Fortunately, I have a company that helps me with all the legal stuff, so that's why I KNOW what I'm talking about. There's no point me telling you who they are, coz they only deal with companies and not individuals.
However, your wife needs to speak to ACAS first thing tomorrow they are very good and will let her know what her rights are.
Visit them on www.acas.org.uk
Or ring them on 08457 47 47 47 from 8am to 6pm.
Hope this helps, and I wish you and your wife the very best.
2007-03-06 07:54:56 · answer #4 · answered by Moofie's Mom 6 · 0⤊ 0⤋
MsMusica is absolutely correct TUPE Regulations do cover this kind of Transfer of Undertakings. I have first hand experience of this and all will depend on the Contract of Employment supplied to your Wife by her 'old' employer. I have successfully advised numerous similar individuals within the employment sector.
2007-03-06 20:06:49 · answer #5 · answered by MANCHESTER UK 5 · 0⤊ 0⤋
If they are changing her pay and conditions then that is illegal. She will need to request her contract (she should have her own but after 10 years i can imagine it's not to hand!). Most companies in such a situation give people the opportunity of a change of conditions or voluntary redundancy. I dont think it is acceptable - you could consult an employment tribunal - CAB?
2007-03-06 07:52:04 · answer #6 · answered by DizzyDream 3 · 2⤊ 1⤋
1
2017-02-27 18:37:53 · answer #7 · answered by ? 3 · 0⤊ 0⤋
They can do whatever they want. I would tell your wife to start looking for another job as obviously the company is trying to force her out.
2007-03-06 07:55:57 · answer #8 · answered by BeachBABE 4 · 0⤊ 0⤋
unfortunately yes this is the price of business and at times they just downsize and there goes her job. we had that happen with a company down the hall and they told their employees they had one week of work left and those who did not get let go were transferred to other positions at lower pay and minimum benefits.
2007-03-06 07:52:21 · answer #9 · answered by milton b 4 · 0⤊ 1⤋
Wow, that is harsh.
I don't know much about employment law, but know some people who do:
http://www.penningtons.co.uk/
Good luck!
2007-03-06 07:47:42 · answer #10 · answered by idler22 4 · 0⤊ 1⤋