Reduction in houry pay rate under TUPE

[tommos43]

Hello all,

I am now employed by the NHS under the TUPE system.

We are awaiting our confirmed hourly rate still currently under my old T&C's.

Question I have is this:

New employer pays a good enhancement for unsocial hours which my previous employer did not.

Can my new emplyer pay me a lower hourly rate but make that up to what I earn now by including the unsocial enhancement.

By way of an example of what I mean;

Currently on say ?10.08 ph as per old T&C's.

New employer wants to pay me ?7 ph with a 44% shift enhancement which equates to the same ?10.08.

Any help/advice greatly appreciated

[masur123]

Under TUPE regs, your terms and conditions remain unchanged. This includes you rate of pay, so if they are trying to change this they can not. They can, however, serve notice of redundancy after TUPE and ask you to re-apply for your job with a new rate of pay and duties etc.

[bobwill]

Or they can get Portuguese or Polish to do job on minimun wage and as they will have children get tax credits .Thats what local factorys, farmers and some construction companys have done

[tommos43]

So your saying they must pay me ?10.08 ph and a 44% enhancement for unsocial hours?

[masur123]

No, they must match your current terms and conditions, or offer you more. They can not legally, under TUPE, reduce your hourly wage

[wongers]

no mate they must employ you on the same rate as you were on for you previous employer, after 6 months they can re-negotiate a new rate if they want to thats probably why they've offered you the wages they have which works out the same as you were on before but in a different way hope this helps

[Snowy79]

There was a simialr post on here a little while back where I put some links to the TUPE regulations. In short your T & Cs are protected when your Company is taken over as long as the job is still the same. If the job role is changing then they can pretty much screw you.

There is no set time limit before they can change your terms but there has been Court cases up to 2 years after Company buy outs where they have supported the employee when the new company has tried to change the conditions. Basically they must keep you on the same terms and conditions until the new employees catch up. They can keep you on the same terms and pay others more though.

[tommos43]

It's been almost a year now but is coming toward completion.

The NHS have a strict pay band scheme so we have to fall somewhere within that.

I'm just suspicious they may try and use the unsocial enhancments to boost the pay,

If as you say they cannot change the hourly rate then I'm safe it seems.