21-03-2007, 20:24
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#1
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Guest
Location: Sutton in Ashfield.
Services: Virgin, phone and 50meg Broadband.
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Advice needed.
We got taken over at work 3 weeks ago by another company, with our old company we used to work 39 hours then we went onto overtime after 39 hours, with this new firm our hours have been increased to 45 hours with no extra payments if you go over your hours, extra payments regarding wages, basically if you do over 45 hours you don't get paid anything, you could be doing 60 hours a week and only getting paid for 45, they also put us on monthly pay after years of getting paid weekly, is this wrong what they are doing?
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21-03-2007, 20:34
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#2
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All true..Except the lies
Join Date: Mar 2004
Location: www.daves-world.co.uk. A secret Moonbase (shh don't tell anybody)
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Re: Advice needed.
Have you signed a new contract?
If not they should honour you old one.
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21-03-2007, 20:37
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#3
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cf.mega poster
Join Date: Jun 2003
Location: Mansfield, Notts
Age: 32
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Re: Advice needed.
Have you signed a new contract?
Were/are your previous working conditions(overtime pay etc), stipulated in your contract.
If I understand this right, your emplooyment has effectively been TUPEd over to the new company, this should give you some form of protection. When this happened to our company lots of people found plenty on solicitors in Sutton and Mansfield that were willing to give a free initial consultation. Although it may be worth contacting ACAS.
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21-03-2007, 20:40
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#4
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All true..Except the lies
Join Date: Mar 2004
Location: www.daves-world.co.uk. A secret Moonbase (shh don't tell anybody)
Age: 43
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Re: Advice needed.
If you haven't signed a new contract DO NOT do it yet, seek advise first
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21-03-2007, 20:48
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#5
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Guest
Location: Sutton in Ashfield.
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Re: Advice needed.
Quote:
Originally Posted by Hom3r
Have you signed a new contract?
If not they should honour you old one.
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No we've signed nothing as yet, our old contratcs moved over with us holidays and all that, with this new firm we'd only get 11 days holiday a year where as with the old firm we got 22 days plus bank holidays.
---------- Post added at 20:48 ---------- Previous post was at 20:46 ----------
Quote:
Originally Posted by Jon T
Have you signed a new contract?
Were/are your previous working conditions(overtime pay etc), stipulated in your contract.
If I understand this right, your emplooyment has effectively been TUPEd over to the new company, this should give you some form of protection. When this happened to our company lots of people found plenty on solicitors in Sutton and Mansfield that were willing to give a free initial consultation. Although it may be worth contacting ACAS.
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Ahh that's the word i was looking for TUPED, we got a letter last week from our old owner saying that under the TUPED agrement our old contrats had been transfered over to the new owners.
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21-03-2007, 20:52
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#6
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All true..Except the lies
Join Date: Mar 2004
Location: www.daves-world.co.uk. A secret Moonbase (shh don't tell anybody)
Age: 43
Services: VIP Package.
1 V+,
2 Samsung STB,
NTL:250 20Mb.
HTC Desire S
Posts: 10,740
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Re: Advice needed.
11 days holiday a year. Is that legal?
---------- Post added at 20:52 ---------- Previous post was at 20:49 ----------
Quote:
Originally Posted by Nidge
No we've signed nothing as yet, our old contratcs moved over with us holidays and all that, with this new firm we'd only get 11 days holiday a year where as with the old firm we got 22 days plus bank holidays.
---------- Post added at 20:48 ---------- Previous post was at 20:46 ----------
Ahh that's the word i was looking for TUPED, we got a letter last week from our old owner saying that under the TUPED agrement our old contrats had been transfered over to the new owners.
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They should honour the old contracts. this happened to my aunt she didn't sign the new contract, others did. they had to work over christmas including christmas day, my aunt didn't as she still worked to her old contract.
Tell this to other at the work not to sign any new contract
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21-03-2007, 20:52
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#7
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Guest
Location: Sutton in Ashfield.
Services: Virgin, phone and 50meg Broadband.
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Re: Advice needed.
Quote:
Originally Posted by Hom3r
11 days holiday a year. Is that legal?
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Dunno, they seem to think so.
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21-03-2007, 20:53
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#8
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cf.mega poster
Join Date: Jun 2003
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Re: Advice needed.
something not right at all Nidge.
You need ACAS or a solicitor mate, if TUPE regulations are in force then your old contract(and it's terms and conditions) is still in force.
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21-03-2007, 20:55
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#9
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All true..Except the lies
Join Date: Mar 2004
Location: www.daves-world.co.uk. A secret Moonbase (shh don't tell anybody)
Age: 43
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Re: Advice needed.
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21-03-2007, 20:57
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#10
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Guest
Location: Sutton in Ashfield.
Services: Virgin, phone and 50meg Broadband.
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Re: Advice needed.
Quote:
Originally Posted by Jon T
something not right at all Nidge.
You need ACAS or a solicitor mate, if TUPE regulations are in force then your old contract(and it's terms and conditions) is still in force.
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Cheers Jon I'll let the lads know in the morning, so basically they've got to pay us the hours we've worked irrelevant of how many hours you do plus they've got to give us our holidays we had before?
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21-03-2007, 21:01
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#11
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cf.mega poster
Join Date: Jun 2003
Location: Mansfield, Notts
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Re: Advice needed.
If I understand it correctly, then yes, but you may need ACAS/legal representation to get them to realise that they can't do what they are doing.
Nidge, read this: http://www.direct.gov.uk/en/Employme...ob/DG_10026691
also, type TUPE into google and read the top two/three results, see what you can find that is relevent to your situation.
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21-03-2007, 21:06
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#12
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cf.mega poster
Join Date: Jul 2006
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Re: Advice needed.
As well as the holidays sounding too few, you may want to check this one out regarding working hours.
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21-03-2007, 21:19
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#13
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Guest
Location: Sutton in Ashfield.
Services: Virgin, phone and 50meg Broadband.
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Re: Advice needed.
Jesus they are breaking the law then?? Thanks for the advice guys reps added for the cracking advice received.
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21-03-2007, 21:24
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#14
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All true..Except the lies
Join Date: Mar 2004
Location: www.daves-world.co.uk. A secret Moonbase (shh don't tell anybody)
Age: 43
Services: VIP Package.
1 V+,
2 Samsung STB,
NTL:250 20Mb.
HTC Desire S
Posts: 10,740
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Re: Advice needed.
The trouble is that you can opt out of the 48 hour week maximum.
If you've done this, I beleive that you can cancel this and opt back in.
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22-03-2007, 19:54
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#15
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cf.mega poster
Join Date: Jun 2003
Location: Mansfield, Notts
Age: 32
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Posts: 1,938
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Re: Advice needed.
Thanks for the points Nidge, keep us informed how you get on.
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