Pay enhancements following TUPE transfer

James Fairchild
Member - 292 posts

Probably not... but the full facts may be relevant.

For example, if this was the IT that was outsourced, and the workers still work in the same building alongside colleagues that work for the Authority, then that could be a different matter.

What local government organisation gives "substantial uplifts" though!

Anthony Lelliott
Member - 2 posts

Hi James,
The job evaluation s being conducted across the UK has been fostered from the 90's equal pay legislation, whereby Local Authority workers (predominantly manual and male) currently are being evaluated for equality in their respective roles and the pay rates associated with them, which will unify the roles on spinal pay scales thus doing away with the purple, white, black books etc. It does however mean that cleaners or caterers (transferred) will have comparable rates of pay as say a grounds operative. This meaning in monetary terms increased hourly rates of pay, which is retrospective to that individual and may result in back pay and enhanced rates of pay. In respect of my previous question and the TUPE tranfer, I think it will solely rely on whether the transfer was deemed to be static or dynamic at the point of transfer.

Bozena Benton
Member - 57 posts

you may want to check out whether any collective agreements that were in place at the time of the transfer were adopted by the company employing the transferees and did these cover changes to pay.

If there were no such agreements it may be difficult arguing that they would apply especially if your pay settlements since transfer have not been related to those of the LA you left

James Fairchild
Member - 292 posts

I wonder, can someone who was TUPEd from the local authority several years ago still bring about a back-pay claim?

Or would it be limited (either by the tribunal limit of three months, or the Limitations Act 1980 limit of six years), from the date they last worked for the authority?