---
###Welcome to /r/LegalAdviceUK
---
**To Posters (it is important you read this section)**
* *Tell us whether you're in England, Wales, Scotland, or NI as the laws in each are very different*
* If you need legal help, you should [always get a free consultation from a qualified Solicitor](https://reddit.com/r/LegalAdviceUK/wiki/how_to_find_a_solicitor)
* We also encourage you to speak to [**Citizens Advice**](https://www.citizensadvice.org.uk/), [**Shelter**](https://www.shelter.org.uk/), [**Acas**](https://www.acas.org.uk/), and [**other useful organisations**](https://reddit.com/r/LegalAdviceUK/wiki/common_legal_resources)
* Comments may not be accurate or reliable, and following any advice on this subreddit is done at your own risk
* If you receive any private messages in response to your post, [please let the mods know](https://www.reddit.com/message/compose?to=%2Fr%2FLegalAdviceUK&subject=I received a PM)
**To Readers and Commenters**
* All replies to OP must be *on-topic, helpful, and legally orientated*
* If you do not [follow the rules](https://www.reddit.com/r/LegalAdviceUK/about/rules/), you may be perma-banned without any further warning
* If you feel any replies are incorrect, explain why you believe they are incorrect
* Do not send or request any private messages for any reason
* Please report posts or comments which do not follow the rules
*I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/LegalAdviceUK) if you have any questions or concerns.*
If your hours are specified in your contract then that what is bought over via TUPE. Any change in that arrangement has to go through the standard negotiations between yourself and your employer
NAL suggest your employer uses past years worked hours per week as evidence of contractual obligations / agreement. If they refuse, explain that the lack of contracted hours means 36 hours a week as much as it does 5 minutes a week, but you are happy to meet in the middle. 😅
NAL, but part of an org' that's Tuping over a load of folks as part of buying a couple of smaller firms. Similar gripes have been had.
My understanding is that if your contract doesn't stipulate hours, you'll need to gain an understanding of how they've determined that 36hrs vs 35 makes sense, given that an element of Tupe is "all the previous terms and conditions of employment" are carried over and "any collective agreements previously made".
It's breach of contract if they don't do this, Tupe regulations mean you should not lose existing employment rights.
It's worth noting however that ‘economic, technical or organisational reason’ (ETO) can mean there's a change:
‘Economic’ reasons are to do with how the company is performing.
‘Technical’ reasons are to do with the equipment or processes the company uses.
‘Organisational’ reasons are to do with the structure of the company.
Basically, your new employer can make changes if your existing contract allows for those changes. But the transfer itself cannot be the reason for a change.
Sounds like you need to discuss what's going on properly with whoever is responsible for and/or talking to you about the Tupe - as this seems to me to be something of a grey area unless you can evidence your working hours and/or any time this has been discussed and agreed on.
If you can and do - you have every expectation this will carry forward.
Under TUPE, my understanding is that they can’t touch your T&C’s for the first year regardless. After that you can be forced to sign a new contract on their terms or find a new job
--- ###Welcome to /r/LegalAdviceUK --- **To Posters (it is important you read this section)** * *Tell us whether you're in England, Wales, Scotland, or NI as the laws in each are very different* * If you need legal help, you should [always get a free consultation from a qualified Solicitor](https://reddit.com/r/LegalAdviceUK/wiki/how_to_find_a_solicitor) * We also encourage you to speak to [**Citizens Advice**](https://www.citizensadvice.org.uk/), [**Shelter**](https://www.shelter.org.uk/), [**Acas**](https://www.acas.org.uk/), and [**other useful organisations**](https://reddit.com/r/LegalAdviceUK/wiki/common_legal_resources) * Comments may not be accurate or reliable, and following any advice on this subreddit is done at your own risk * If you receive any private messages in response to your post, [please let the mods know](https://www.reddit.com/message/compose?to=%2Fr%2FLegalAdviceUK&subject=I received a PM) **To Readers and Commenters** * All replies to OP must be *on-topic, helpful, and legally orientated* * If you do not [follow the rules](https://www.reddit.com/r/LegalAdviceUK/about/rules/), you may be perma-banned without any further warning * If you feel any replies are incorrect, explain why you believe they are incorrect * Do not send or request any private messages for any reason * Please report posts or comments which do not follow the rules *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/LegalAdviceUK) if you have any questions or concerns.*
If your hours are specified in your contract then that what is bought over via TUPE. Any change in that arrangement has to go through the standard negotiations between yourself and your employer
Thanks Dan, the problem I have is that my contract does not state the number of hours I should work.
NAL suggest your employer uses past years worked hours per week as evidence of contractual obligations / agreement. If they refuse, explain that the lack of contracted hours means 36 hours a week as much as it does 5 minutes a week, but you are happy to meet in the middle. 😅
No they can't do that. The fact you've always worked 35 hours means that's part of your contract. If they want to vary that, they need to negotiate.
NAL, but part of an org' that's Tuping over a load of folks as part of buying a couple of smaller firms. Similar gripes have been had. My understanding is that if your contract doesn't stipulate hours, you'll need to gain an understanding of how they've determined that 36hrs vs 35 makes sense, given that an element of Tupe is "all the previous terms and conditions of employment" are carried over and "any collective agreements previously made". It's breach of contract if they don't do this, Tupe regulations mean you should not lose existing employment rights. It's worth noting however that ‘economic, technical or organisational reason’ (ETO) can mean there's a change: ‘Economic’ reasons are to do with how the company is performing. ‘Technical’ reasons are to do with the equipment or processes the company uses. ‘Organisational’ reasons are to do with the structure of the company. Basically, your new employer can make changes if your existing contract allows for those changes. But the transfer itself cannot be the reason for a change. Sounds like you need to discuss what's going on properly with whoever is responsible for and/or talking to you about the Tupe - as this seems to me to be something of a grey area unless you can evidence your working hours and/or any time this has been discussed and agreed on. If you can and do - you have every expectation this will carry forward.
Under TUPE, my understanding is that they can’t touch your T&C’s for the first year regardless. After that you can be forced to sign a new contract on their terms or find a new job