Please bear with me for a minute and have a read.
We were taken over by another company last July while our contracts still had a year to run. We are on a better hourly rate, get more holidays than their drivers, we also have various bonus payments that their drivers dont have.
Our contracts will be up for renewal in July this year.
My question is can they reduce our hourly rate and holidays to match theirs and can they take our bonuses away from us 
.
I was under the impression that TUPE Regs safegaurded us against this.
Ta for your time gents, looking forward to hundreds of in the know answers 
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where i worked last b4 i drove the new company bought us out of tupe when our contracts came up for renewall hence the cash to do my class 2
They cant change your contract without your consent.
The TUPE Regs, or the Transfer of Undertakings (Protection of Employment) Regulations 1981, are intended to safeguard employees’ rights when the business in which they are employed changes hands. TUPE Regs protect the pay, terms and conditions of transferred staff, preventing these entitlements from being changed without agreement. The Regulations also protect the accrued pension rights of transferred staff. TUPE also provides transferred employees with protection against unfair dismissal, and stipulates that trade union recognition and collective agreements in force at the time of the transfer, must be maintained.
TUPE-plus agreements build on these rights, guaranteeing that there is no deterioration in pay and conditions during the life of a contract. They may build in trade union bargaining rights for all staff. including new starters. In particular, they extend protection to groups of staff not covered by TUPE, including those employed after transfer.
I supose the ittalic bit is a killer, but you would still have to agree to it
tupe only last’s for 1 year,after that they are within their rights to change your contract to fit in with the rest of the company.it’s up to you to accept or reject the offer.the latter will render you refusing the job and place yourself on the dole.it’s a lose lose situation for you’s m8.sorry. 
kitkat:
and place yourself on the dole.it’s a lose lose situation for you’s m8.sorry.
KK do you know if that woiuld be full dole money? ours are due for renewal in July and knowing Wincanton they will be wanting a donation of blood from us when they renew our contracts.
jammymutt:
kitkat:
and place yourself on the dole.it’s a lose lose situation for you’s m8.sorry.KK do you know if that woiuld be full dole money? ours are due for renewal in July and knowing Wincanton they will be wanting a donation of blood from us when they renew our contracts.
i suppose that would depend on the redundancy package wincanton offer you’s.it will affect your dole money if that’s what you think will happen,i do hope not
kitkat Posted: Wed Feb 02, 2005 8:59 pm Post subject:
tupe only last’s for 1 year,after that they are within their rights to change your contract to fit in with the rest of the company.it’s up to you to accept or reject the offer.the latter will render you refusing the job and place yourself on the dole.it’s a lose lose situation for you’s m8.sorry.
No it doesn’t. TUPE lasts for the life of the contract.
The only way for them to change your contract Term and Conditions is to prove that it is needed for economic, technical or operational reasons.
Then they have to give a minimum of 10 weeks notice to do so.
By rejecting there new contract wouldn’t be you resigning your post, and could be a case for unfair dismisal or redundancy.
TUPE itself hyas a lot of ‘grey areas’ so proper legal advice should be sought.
More info on TUPE can be found http://www.dti.gov.uk/er/individual/tupe-pl699.htm
Thank you to everyone for your replies, doesn’t look too good but never mind. Will sort something out for the future, just in case. 
I agree with David51, TUPE is for the life of the contract but as he said there are ways and means of them getting out of it.
I am taking voluntary redundancy from a major oil company (government statutory! from a company making 1million per hour!) because the company we can TUPE to is a ruthless organisation that has just declared itself bankrupt at one location rather than continue paying tuped staff salaries.
Its fortunate that I have the option of redundancy.
jammymutt:
kitkat:
and place yourself on the dole.it’s a lose lose situation for you’s m8.sorry.KK do you know if that woiuld be full dole money? ours are due for renewal in July and knowing Wincanton they will be wanting a donation of blood from us when they renew our contracts.
jammy,surely your union is sorting all this out .