Hi - along with 100 other members of staff, I recently transferred from one employer to another when our organisations merged. The merger was covered by Transfer of Undertakings (TUPE) legislation.
My job at the new company is on a higher grade than the job I had at the original company, and involves a lot more work. My salary has remained the same due to the transfer.
My current salary is LESS than the published minimum salary that the company pays for the grade that I'm on.
Due to the increased workload, higher grade, and more senior role of the new job, I asked my line manager six months into the new role whether I could have a payrise. He agreed and recommended to HR that I should receive a rise.
HR have said that they cannot give me a payrise due to TUPE - is this correct? It seems nonsensical, as if I left they would have to employ somebody to do my job on at least the minimum salary for the grade - more than I am on currently!
2007-04-02 19:37:57 · 4 answers · asked by Anonymous in Business & Finance ➔ Careers & Employment
As far as I can make out (we're about to be TUPEd too) the legislation is there to protect your existing status, Ts & Cs etc. If that status increases then you're pay should be increased so that it is commensurate with your new status. Do you have a union rep at work - if so have a word with him/her failing that try citizen's advice.
2007-04-02 19:45:58 · answer #1 · answered by KB 5 · 0⤊ 0⤋
TUPE protects all your rights - this may include things like longer Holidays, Sick Pay & higher Pension entitlement that you haven't taken into account.
To get the higher position you may have to 'leave' under TUPE and be 'rehired' as a 'normal' employee ... but watch out - you could loose years of Holiday, Sickness, Redundancy & Pension entitlement etc.
2007-04-02 20:28:23 · answer #2 · answered by Steve B 7 · 0⤊ 0⤋
HR don't know their @rse from their elbow. You cannot be paid less under TUPE so you must get the correct pay for the current job. Take it to your union rep.
2007-04-02 19:52:52 · answer #3 · answered by Anonymous · 1⤊ 0⤋
Have a look at the DTI website listed below.
tupe doesn't stop you getting a raise it stops them cutting you pay.
Good luck I jope you manage to nail them
2007-04-02 19:53:08 · answer #4 · answered by Anonymous · 0⤊ 0⤋