A number of individuals are transferring to a new employer as part of an outsourcing agreement. They are currently contracted to work 35 hours/week with the old employer however the new employer’s standard hours are 42.5 hours/week and their employees sign out of the WTD. Certain parts of the new business that the transferrees will be working with already work these extended hours.

Under TUPE I understand that no detrimental changes can occur to the employee’s T’s & C’s before or after the transfer date but how would the new employer handle the situation? What agreements would the new employer be able to put in place with the transferrees? Is it allowable under TUPE to increase their salaries pro-rata in line with the increase in hours (obviously with the agreement of both parties)?

Many thanks in advance.

Dylan Roberts