I recently started a new job and have been paid weekly. Within 5 weeks of my started the job a new company took over and want me to go onto monthly pay. I have been told that they don't have the facility to keep me on weekly pay. Therefore I can have a loan to see me through the month but I will have to pay it back over the next 3 months. Can they do this? This is a T.U.P.E transfer and I am under the impression that they have to keep me under the same terms and conditions. (in my case on weekly pay). Can anyone answer this question for me?
2007-04-10 22:46:33 · 11 answers · asked by GILLY H 1 in Business & Finance ➔ Careers & Employment
If you're not getting paid any less either way just budget your money properly and quit your whining.
2007-04-10 22:50:12 · answer #1 · answered by HaLF_BaKeD123 3 · 2⤊ 2⤋
You are right, the fact that you are being paid weekly is a part of your terms & conditions, so should TUPE over with you.
However, TUPE does have limitations. If an employer can prove (to a tribunal) that it is not feasible to continue with a particular condition, then it can get out of it. (E.g. if a new employer feels that there are too many people employed at a company and to continue employing so many would mean the business would fail, then they could get out of the requirement to keep employing everyone.)
Another problem is that TUPE is not time-bound. An employer can give notice to change your terms and conditions at any time. (The period they would have to give to terminate your current contract will be in your terms & conditions.) If you then chose not to accept the new contract you could take your employer to a tribunal for unfair dismissal - but to do this you would have to have been employed for 12 months. If you've only just joined the company they could easily dismiss you and you would have no recourse to a tribunal.
So, basically, yes they can change your conditions, but they must give appropriate notice. However, you are in seomthing of a weak position having less than 12 months' service. If the employer is offering to give you a loan to help you adjust for 3 months, then this sounds pretty reasonable. Most employers nowadays do pay monthly rather than weekly.
Are you in a union? - much better to deal with issues like this en bloc!
2007-04-10 22:56:38 · answer #2 · answered by Tufty Porcupine 5 · 0⤊ 0⤋
They should have kept you on the same terms and conditions if you have been taken on under TUPE legislation, but ther is a loophole in that they can say they are paying you the same amount, just in a different way. They should give you plenty of notice, but ultimately, there is little you can do. They are obviously set up to only do bank transfers on a monthly basis, so it would be a huge issue for them to pay you weekly. Sorry!
2007-04-10 23:44:11 · answer #3 · answered by Queen of the Night 4 · 0⤊ 1⤋
I have had to make the transition from weekly to bi-weekly .. but not weekly to monthly..
Interesting that they have the resources to hand out an extra months pay in the form of a loan.. but can't maintain pay periods..
This link >> http://en.wikipedia.org/wiki/TUPE
states .."When the new company takes over the work of its predecessor, it must take on the staff with the same terms and conditions that they enjoyed before."
..but it is very nonspecific. Best of luck :)
2007-04-10 22:57:03 · answer #4 · answered by lost_but_not_hopeless 5 · 0⤊ 1⤋
They can simply lay you off if you don't comply, so it seems like the better choice is to take it on the chin while you possibly stat looking for another job (what does it mean that they don't have the "facilities" to pay you weekly? It sounds like a way of saying "because we don't want to.")
2007-04-10 22:51:27 · answer #5 · answered by charmedchiclet 5 · 0⤊ 2⤋
Most payrolls these days are monthly.Why don't you want to change.The system they are using to transfer you seems fair, it's similar to what happened to me some years ago.You don't lose anything and the loan does not cost you anything in interest.Why do you need weekly pay. Can't you manage your affairs sufficiently to cover a month?
2007-04-10 23:26:43 · answer #6 · answered by Anonymous · 1⤊ 1⤋
Thats rigth under TUPE rigths they need to give you as minimum the same conditions that you had before, however you need to have prove that the weekly payment was part of your termns and conditions
2007-04-10 22:51:24 · answer #7 · answered by Anonymous · 1⤊ 1⤋
That doesn't sound right. I'm thinking maybe they could make you do bi-weekly pay but I've never heard of being paid monthly. That would suck! I'd look into it because it doesn't sound right.
2007-04-10 22:50:18 · answer #8 · answered by AngieBaby 3 · 0⤊ 4⤋
check with your state dept. of labor to see if there are any pertinent regs
2007-04-11 01:16:17 · answer #9 · answered by njyogibear 7 · 0⤊ 1⤋
have a look at this
http://www.adviceguide.org.uk/index/life/employment/basic_rights_at_work.htm
2007-04-10 22:50:17 · answer #10 · answered by XXkarlaXX 4 · 0⤊ 0⤋