Contract Question

Anything goes in The Snug, the GD's rebellious little brother. An off-topic den of iniquity for non-football/news related musings.

Moderators: bristolhammerfc, sicknote, -DL-, Rio, Gnome, chalks, the pink palermo

Contract Question

Postby DasNutNock on Tue Jan 02, 2018 1:46 pm

So the company I work for has been acquired, and it sounds like they want me to relocate and change contract to match the new firm. My current contract is for 36.25 hours/week and they'll want me to switch to a 40 hour contract at the new place. Can I, therefore, expect a 10% increase in salary based on the additional hours, or are they under no obligation to change that?

Also, I get a flat rate per year to be On Call on a rota basis. If they decide to take me off that rota, or if they just don't have one, should I expect them to just add it to my main package or am I going to lose it? It's also in my contract, but I don't think it counts as part of the number they use to calculate the pension payment they make on my behalf.

The relocation won't change my commute time, so I'm not expecting any kind of compensation there. TBH, I'm just happy to have work for the foreseeable, although the long term isn't so clear...
User avatar
DasNutNock
 
Posts: 5182
Joined: Sat Sep 17, 2016 4:41 pm

Re: Contract Question

Postby sendô on Tue Jan 02, 2018 1:56 pm

I'd daresay it's something you'll have to negotiate.
User avatar
sendô
 
Posts: 24088
Joined: Thu Nov 10, 2005 1:41 pm
Location: in the pessimistically optimistic camp.

Re: Contract Question

Postby Baron Von Marlon on Tue Jan 02, 2018 1:58 pm

Dan,

I daresay you have googled this already, but the CAB have a web page dedicated to just this situation:

https://www.citizensadvice.org.uk/work/ ... -overview/

(Sorry If I haven't correctly put the link in).
User avatar
Baron Von Marlon
 
Posts: 263
Joined: Sun Sep 04, 2005 9:07 pm
Location: At my desk

Re: Contract Question

Postby Noble Man on Tue Jan 02, 2018 2:04 pm

If your Co has been taken over and you are now employed by the new Company then TUPE should apply whereby your current Terms and Conditions still apply.
User avatar
Noble Man
 
Posts: 553
Joined: Sun Feb 03, 2008 12:18 pm
Location: Belfast

Re: Contract Question

Postby Clacton-ammer on Tue Jan 02, 2018 2:06 pm

A Noble rightly says, it's all about TUPE & negotiation.
User avatar
Clacton-ammer
Sultan of Swing
 
Posts: 9563
Joined: Mon Nov 13, 2006 9:28 am

Re: Contract Question

Postby Smonnie on Tue Jan 02, 2018 2:09 pm

My interpretation would be that you are under no obligation to sign the new contract, and they are under no obligation to give you anything. I have seen people remain on legacy contracts years after company takeovers.

I would take this as an opportunity to negotiate. Also worth looking at whether perhaps you could stick to your current hours but adopt four 8 hour days, working the remainder on the Friday to give you an early finish each week.
User avatar
Smonnie
 
Posts: 1559
Joined: Mon Jan 24, 2011 3:35 pm
Location: East Midlands

Re: Contract Question

Postby Big George on Tue Jan 02, 2018 2:09 pm

I'm sure your union will be all over this.
User avatar
Big George
 
Posts: 9764
Joined: Thu Jun 19, 2003 2:59 pm
Location: http://www.whuisa.org/

Re: Contract Question

Postby DasNutNock on Tue Jan 02, 2018 2:24 pm

Big George wrote:I'm sure your union will be all over this.


:lol:
User avatar
DasNutNock
 
Posts: 5182
Joined: Sat Sep 17, 2016 4:41 pm

Re: Contract Question

Postby DasNutNock on Tue Jan 02, 2018 2:27 pm

Smonnie wrote:My interpretation would be that you are under no obligation to sign the new contract, and they are under no obligation to give you anything. I have seen people remain on legacy contracts years after company takeovers.

I would take this as an opportunity to negotiate. Also worth looking at whether perhaps you could stick to your current hours but adopt four 8 hour days, working the remainder on the Friday to give you an early finish each week.


That's a great idea. I'll add that to the "bargaining chips" pile. :thup:

Cheers for the feedback, all. I guess I was expecting the answers to be largely "it depends", so at least I'm not being surprised here.

TBH, at best, I'd take the 40 hours and a 10% bump, ideally retaining my On Call bonus (unless their in-house rate for that is better), but so long as they don't cut anything, I'll still be pretty happy.
User avatar
DasNutNock
 
Posts: 5182
Joined: Sat Sep 17, 2016 4:41 pm

Re: Contract Question

Postby RichieRiv on Tue Jan 02, 2018 3:21 pm

As has been said, you are covered by TUPE. Your terms and conditions will stay the same which includes your working hours.
User avatar
RichieRiv
 
Posts: 14754
Joined: Tue Dec 17, 2002 3:35 pm
Location: http://www.helpforheroes.org.uk/

Re: Contract Question

Postby peter49uk on Tue Jan 02, 2018 3:33 pm

Was TUPE'd many years ago now and union was useless. Better of going to a Employment Solicitor.
What I made out of being TUPE'd is the new employer if they want can do what ever they want regarding a new contract, other than they must offer a Pension that is equal or better than you had when TUPE'd.
Lets hope you are treated right.

TUPE regulations from January 2014

http://www.acas.org.uk/index.aspx?articleid=1655" onclick="window.open(this.href);return false;
peter49uk
 
Posts: 1897
Joined: Sat Aug 14, 2010 5:28 pm

Re: Contract Question

Postby WHU Independent on Tue Jan 02, 2018 5:47 pm

peter49uk wrote:Was TUPE'd many years ago now and union was useless. Better of going to a Employment Solicitor.


Is the right answer. My union sold us down the river when we were taken over, and abandoned us when it actually happened. Solicitors are not cheap but are the better option IMHO.
User avatar
WHU Independent
 
Posts: 3651
Joined: Wed Dec 12, 2007 11:35 pm

Re: Contract Question

Postby DasNutNock on Wed Jan 03, 2018 1:32 pm

Heard words to the effect that TUPE doesn't apply here, because it wasn't a sale, it was an aggressive takeover via shares. Does that sound like b*llocks?
User avatar
DasNutNock
 
Posts: 5182
Joined: Sat Sep 17, 2016 4:41 pm

Re: Contract Question

Postby Hammer1972 on Wed Jan 03, 2018 1:49 pm

Sounds like b*llocks:

https://www.gov.uk/transfers-takeovers

(but I'm no expert)
User avatar
Hammer1972
 
Posts: 3064
Joined: Wed May 10, 2006 8:18 am

Re: Contract Question

Postby Estuary on Wed Jan 03, 2018 3:38 pm

DasNutNock wrote:Heard words to the effect that TUPE doesn't apply here, because it wasn't a sale, it was an aggressive takeover via shares. Does that sound like b*llocks?


It does because it is. Tupe applies.
User avatar
Estuary
 
Posts: 3347
Joined: Fri Oct 28, 2011 4:40 pm

Re: Contract Question

Postby DasNutNock on Wed Jan 03, 2018 3:41 pm

:thup:
User avatar
DasNutNock
 
Posts: 5182
Joined: Sat Sep 17, 2016 4:41 pm

Re: Contract Question

Postby BSB1 on Wed Jan 03, 2018 5:03 pm

Did they acquire your firm to expand, or to consolidate with the competition? Either will have a prominent affect on your negotiating position.

If it's expansion then they probably need to keep all/most of the staff and thus you'll potentially have a stronger bargaining position. If it's consolidation then your position is potentially weaker if they already have staff doing your job.
User avatar
BSB1
 
Posts: 6868
Joined: Mon Jan 16, 2006 2:54 pm
Location: The only thing to fear, is running out of beer

Re: Contract Question

Postby RichieRiv on Wed Jan 03, 2018 9:51 pm

You only need a strong negotiation position if you the employee wish to re-negotiate your employment T&C's.

The status quo will be contracts will be TUPE'd, therefore you employment contract remains unchanged. The only thing that will change (potentially) is the legal entity that employs you.
User avatar
RichieRiv
 
Posts: 14754
Joined: Tue Dec 17, 2002 3:35 pm
Location: http://www.helpforheroes.org.uk/

Re: Contract Question

Postby DasNutNock on Wed Jan 03, 2018 9:54 pm

:thup:

Cheers RR. I'm getting conflicting information, but I'm also maybe putting too much credence in the blathering of colleagues.
User avatar
DasNutNock
 
Posts: 5182
Joined: Sat Sep 17, 2016 4:41 pm

Re: Contract Question

Postby RichieRiv on Wed Jan 03, 2018 10:15 pm

I been through a few acquisitions i.e. we've acquired various firms and the one constant is the barrack room lawyer who thinks they know all about it. Ultimately if you are in any doubt as a first step talk to HR and get them to explain what this actually means for you.

Yes HR's role is to protect the company, but crucially legally protect them. No organisation is beyond the law. They may think they are, but courts take a dim view.
User avatar
RichieRiv
 
Posts: 14754
Joined: Tue Dec 17, 2002 3:35 pm
Location: http://www.helpforheroes.org.uk/

Next

Return to The Snug

Who is online

Users browsing this forum: Google [Bot] and 5 guests