albion:
In a TUPE situation, there isnt an obligation to provide an equivalent amount of hours unless they are specifically guaranteed in a contract.
But there is an obligation to provide an equivalent hourly rate and work expectation in an hour.Bearing in mind the overtime is based on the previous workload per hour requirement.If they can’t won’t match it that’s constructive dismissal not redundancy. 
Fight seems better than flight in this case. 
Thanks to all that have replied so far.
I’d only been at the company for 1 year. From what I’ve read that’d mean I’ve not met the qualifying length of service with regard constructive dismissal should I leave. Our contracts guarantee 40 hours only at £12ph.
I’m going to stick it out for a while and see how it develops. Based on my 1st full week I’m definitely going to be taking a hit on my average wage over the last 8 years for the short term.
It’s highly likely they’ll want us on the same set of terms as their lads are on but whether those terms are going to earn me what I want to earn I have no idea until I get going.
Ideally I want to avoid going back to tramping 4-5 nights a week in order to earn what I want to earn so hopefully it’ll work out with my new employer. The commute is something I’ll have to used to.
Had a look about for jobs within a reasonable distance with a view to possibly going back to tramping and some of the hourly rates made me question whether sticking it out for a little while would be a better option.
RACHACE:
Thanks to all that have replied so far.I’d only been at the company for 1 year. From what I’ve read that’d mean I’ve not met the qualifying length of service with regard constructive dismissal should I leave. Our contracts guarantee 40 hours only at £12ph.
I’m going to stick it out for a while and see how it develops. Based on my 1st full week I’m definitely going to be taking a hit on my average wage over the last 8 years for the short term.
It’s highly likely they’ll want us on the same set of terms as their lads are on but whether those terms are going to earn me what I want to earn I have no idea until I get going.
Ideally I want to avoid going back to tramping 4-5 nights a week in order to earn what I want to earn so hopefully it’ll work out with my new employer. The commute is something I’ll have to used to.
Had a look about for jobs within a reasonable distance with a view to possibly going back to tramping and some of the hourly rates made me question whether sticking it out for a little while would be a better option.
Regardless of length of service if they are fulfilling your contract I’m not sure constructive dismissal would even be an option . I’d give it a while firms are usually to lazy to plan around who earns the most. Your old job doesn’t exist any more and would it have existed much longer if the buyout didn’t happen? Go into it with an open mind you never know
chester1:
Regardless of length of service if they are fulfilling your contract I’m not sure constructive dismissal would even be an option .
An intention to move to a wage based on mileage/deliveries in a shift isn’t fulfilling the previous contract if it was hourly rate.Length of service restrictions obviously makes TUPE rules toothless for many.
I thought if you got tuped over and your commute was longer the employer had to pay for a certain period of time ?
Wait and see how it goes, keep your nose clean in the meantime.
At present your OT has been curtailed a bit, but these are strange times and its anyone’s guess what’s to come next
It would suit the new employer if drivers (pref dead wood) on the old contract left and others pressurised into asking to transfer onto the new terms, whilst work is sporadic they can do their best to make sure you get as little OT as possible to force you into line, stick it out because these phases eventually pass and assuming they don’t actually make relatively short termers like you redundant (hence working well and nose clean because even the most stupid employer is reluctant to get rid of good employees) if and when some normality returns and work has to be covered then your overtime will gradually start to reappear.
When i was hourly paid there would come an overtime ban every now and again, company trying to save a few quid, every time without fail it would last a few weeks at most and they would get so far behind you could work 24/7 if you wanted to catch up, until the next new pinty shoes arrived for some rinse and repeat.
^^^^^ our lot do the overtime ban (or at least a reduction) periodically. Instead of tackling the major cost which is invariably bad planning they decide to target drivers overtime. It usually ends when I get the phonecall “why didn’t you collect at xyz yesterday?” “Well it would have taken me over the 12 hour limit you’ve applied” “yeah but if you ring in for permission we can extend that. Why didn’t you ring in?” “Because I’m happy with 12 hours so don’t feel the need to ring in to extend thank you”.
The next week we’re usually told to disregard that instruction and carry on as normal 
the maoster:
^^^^^ our lot do the overtime ban (or at least a reduction) periodically. Instead of tackling the major cost which is invariably bad planning they decide to target drivers overtime. It usually ends when I get the phonecall “why didn’t you collect at xyz yesterday?” “Well it would have taken me over the 12 hour limit you’ve applied” “yeah but if you ring in for permission we can extend that. Why didn’t you ring in?” “Because I’m happy with 12 hours so don’t feel the need to ring in to extend thank you”.The next week we’re usually told to disregard that instruction and carry on as normal
Good man yerself, buggered if i’m doing a modern day version of ‘please sir can i have more’ either.
the maoster:
^^^^^ our lot do the overtime ban (or at least a reduction) periodically. Instead of tackling the major cost which is invariably bad planning they decide to target drivers overtime. It usually ends when I get the phonecall “why didn’t you collect at xyz yesterday?” “Well it would have taken me over the 12 hour limit you’ve applied” “yeah but if you ring in for permission we can extend that. Why didn’t you ring in?” “Because I’m happy with 12 hours so don’t feel the need to ring in to extend thank you”.The next week we’re usually told to disregard that instruction and carry on as normal
Good old Maoster, you’ve never changed
^^^^ what is it, 30 years?
the maoster:
^^^^^ our lot do the overtime ban (or at least a reduction) periodically. Instead of tackling the major cost which is invariably bad planning they decide to target drivers overtime. It usually ends when I get the phonecall “why didn’t you collect at xyz yesterday?” “Well it would have taken me over the 12 hour limit you’ve applied” “yeah but if you ring in for permission we can extend that. Why didn’t you ring in?” “Because I’m happy with 12 hours so don’t feel the need to ring in to extend thank you”.The next week we’re usually told to disregard that instruction and carry on as normal
I used to do a bit as a subbie for a ‘National Blue Chip’ so called proper firm,
They used to bring in the overtime ban for their own employees from time to time.
All the runs could be easily done within their shift times, but they frequently ended up with drivers running late because they held them at the hub longer than necessary.
One night the Exeter driver parked is Lorry in Asda carpark and walked back to the depot & handed in his keys,
And another driver who did regular round trip around 6 depots picking & dropping off, just missed out 1 depot & went straight back to base
When questioned they both said, you don’t pay us overtime, so we can only do what we can in the time you ae paying us,
After trying the disciplinary stunt, they had to relent and agree to start paying the overtime.
The laughable part is that ‘pointy shoes with cufflinks and a tie pin’, can’t see that getting his hubs organised would avoid the need for any overtime, that actually has a knock on effect throughout all the 50+ depots