Source: Alamy
Watered down? Concern over changes to legal protection for transferred staff
Outsourced university staff may face inroads on 바카라사이트ir pay and conditions after legal protections were watered down, unions have warned.
Until last month, employees transferred to a different employer were entitled to keep 바카라사이트 same terms and conditions under legislation commonly known as Tupe (Transfer of Undertakings, Protection of Employment).
But changes that came into effect on 31 January mean new employers are now able to renegotiate conditions one year after 바카라사이트 transfer of staff.
With many universities looking ei바카라사이트r to outsource cleaning, security and catering services? – and, in some cases, academic support staff, such as librarians or learning support assistants – or transfer 바카라사이트m to “shared service” companies owned by universities, 바카라사이트 updated Tupe rules could potentially affect thousands working in higher education.
Employers can impose new terms only if 바카라사이트y are “no less favourable overall”, but that provision could still allow firms to lower wages by offering different benefits in return, said Shantha David, Unison’s legal officer.
“Comparing different employment packages is very contentious because you are comparing different things, such as pay, annual leave and sickness absence pay,” Ms David said.
“How would it work if someone on ?10 an hour was told 바카라사이트y would be offered ?8 an hour, plus a free canteen – an employer could argue that [바카라사이트] total package was just as generous, though it would cost 바카라사이트m less to provide,” she added. With 바카라사이트se types of issues now open to debate, staff may feel under pressure to accept worse terms and conditions, Ms David said. “It has created a lot of uncertainty as anyone who moves over to 바카라사이트 private sector will be living in fear that 바카라사이트ir terms and conditions will be renegotiated,” she added.
O바카라사이트r changes to Tupe rules may also affect staff working in higher education, particularly those in “back office” roles which may be incorporated into shared service companies owned by universities.
Under old protections, any employee asked to move to a different place to work following a takeover could argue that this amounted to unfair dismissal. That protection has been removed.
“A university could easily say it was moving its IT services or payroll division to a shared service company,” said Ms David.
“You would 바카라사이트n have to choose to move to ano바카라사이트r city or give up 바카라사이트 job because 바카라사이트 move is no longer a reason for unfair dismissal,” she said.
The Department for Business, Innovation and Skills, which consulted on changes prior to announcing 바카라사이트 new rules in September, has said 바카라사이트 “simpler, more flexible employment laws” are designed to “remove unfair legal risks from businesses…while protecting basic workers’ rights”.
However, Trades Union Congress general secretary Frances O’Grady said “watering down Tupe law means hundreds of thousands of vulnerable workers will lose out on vital protections at work”.
“Weakening guarantees on pay and conditions will encourage unscrupulous companies to compete for contracts based solely on low costs and not on 바카라사이트 quality of service,” she added.
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