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Thread: Contracts and new employer

  1. #1
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    Default Contracts and new employer

    The company I worked for was bought out by another company. We went through the TUPE period about 8 months ago and in Sept we were issued with new contracts (I got mine 4 days ago!)

    There are a few changes but one of them is the rate of pay for away days. On the current job I am on and will be on I stand to lose £55 a day and £200 when I return travel. Now over a 6 week stint thats £2510

    I being told I must sign the contract by Jan 1st even though I have only just got it and everyone else has had months to view it. I have not been allowed to join the compnay pension as I have not signed the contract.

    I have also not been given any lieu days for the past 16 weeks work despite the working time directive clearly states that for every 7 days worked the employer has to give the worker 24 hours rest and if this is not possible they must allow these to build up and then give them to the employee at the end of the work. I did 7 weeks and got nothing. I was told as I got the higher rate for working away I gave up the right to the lieu days.

    It also states there must be 11 hours between dayshift and nightshift yet I worked both in the same day on my last trip.

    Anyone offer any advice? I have said I'm hardly going to sign a contract where I will be paid less then what I am now. So technically where would that leave me on Jan 1st?

    I'm still away at the moment but plan on speaking to ACAS when I return but being away its eating away and stressing me out a bit!

    Many thanks

  2. #2
    Regular Member Derek Mc's Avatar
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    Default

    Your situation is mighty common, happening daily. I am very sad to hear of the details you face. I like you will be, am now earning about 25% less than I was in 2001!!!!! we can take this news in two ways. Either :-

    1. Throw arms in air chuck Teddy out pram and rant and rave in disgust, leave job and risk your entire life up to that point on something better.

    2. Accept that many companies are making these economies to survive themselves, increased workload is not something many people relish giving out or receiving reduced earnings are as a direct result of having to slash margins to win orders and keep people employed, however if it comes to paying 70% of the wages and surviving, or closing the doors? many bosses have to make dreadful decisions.
    I am sure the union members here will argue blind against this and tell another story, however I have witnessed about 20 firends lose jobs due to companies closing, and about the same amount keep their jobs by accepting altered terms / new contracts.


    I am an employee not an owner or boss, but these are two points of view I see evidence of a lot. We have a terrible disease going on in this country and it is spreading like cancer, it is this darned recession.

  3. #3
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    Default

    In the oil and gas industry we don't suffer these effects. The company that has taken over is charging the client more and paying us less. If it was a case of the new company in dire and needed to slash overheads I could understand but this is just greed and getting as much from the employee as they can with paying them as little as they can.

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    Regular Member m8internet's Avatar
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    Default

    TUPE applies
    Your previous rights are protected
    Simply do NOT sign the new contract, ask for a copy, then submit a letter to the employer that you refuse to accept the new contract unless it includes the previous rights

    The new employer can offer you a new contract, but you are not under any obligation to agree to it
    However you will be considered to have to agreed to it after 3 months (even unsigned) unless you reject it in writing within that period

    As for the pension scheme
    This is incorrect as employers now have a legal obligation to opt you in, unless the employee signs an agreement that they wish to opt out

    With respect to the working hour
    The shifts MUST be disputed before they commence
    If there is less than 11 hours between shifts you can decline the second shift, there is no obligation to accept it

    With respect to the lieu days
    These are processed on a rolling basis and so should have been taken into consideration when the shifts were assigned at the end of the 12 week period
    The only way now to reclaim these is to the employer

    Personally, it sounds like the person responsible for the shifts was either not aware of the WTD or its implications
    These issues should have been raised as soon as they appeared
    I would therefore suggest you make the senior Manager aware of this
    You might not be popular for a while, but the employer has a duty of care towards its employees
    Last edited by m8internet; 12th December 2012 at 13:13.

  5. #5
    Regular Member Signum-Steve's Avatar
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    Default

    I work in the gas and oil industry fella, although turnover has increased (almost doubled since 2000) competition has increased in this sector. With more choice for the energy suppliers to choose Their services from. This has put a squeeze on costings to win orders. While on the flip side of the coin there are very few companies producing the niche materials needed to deliver the products and services the oil companies tender for. In short paying more for materials and getting the squeeze from the customer makes less room for profit. When looking to cut costs one of the first things a company will do is look at their overheads.

    We have a strong union presence within the company I work for, we also have a good strong reputation and quite a niche in this marketplace. However we are doing a lot more work for less profit.

    As for your predicament any Laws will still stand as per the working time directive. I also believe they are required by law to give 90 days notice of any change to working conditions, pay, shift pattern, etc etc. At the end of the day you can either accept it or leave. It is their company! It sounds a bit rough but I think Its the way things are going. I'll add these are just my views so if anyone has more solid info please post it.

    Can I ask who your working for?

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    Default

    I have the same rubbish. Got TUPE over beginning of this year. Provided contract 8 months later, 2 months after should have been signed.
    Went through it to highlight what I don't like/wanted changed/discussed. Never spoke about since.
    Still sat on my desk.
    No input to what we wanted and I though contracts were an agreement between both parties.
    Even down to pension, company does not offer one when I started. New law now in affect. I asked about pension and they tell me they don't have to do it until 2015.
    Lies all round.

  7. #7
    Regular Member m8internet's Avatar
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    Default

    Quote Originally Posted by GCusdin View Post
    I asked about pension and they tell me they don't have to do it until 2015
    Wrong answer, October 2012
    It is mandatory from April 2013

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