Employment Law And Tupe

[Salas]

Hi there,

The company I work for has been taken over and all salaried staff (general Manager, deputy and Head Chef ) have had to reapply for their positions but all hourly paid have not had to and just been TUPEied over.

Is this not discrimination and is it legal ?

Many thanks for any answers.

[Sycamore3House]

The salaried staff will be on a different type of contract to the hourly paid staff. Salaried staff have to work a set number of hours with no extra pay for overtime. There will probably also be incentives in their contract such as bonus schemes & private health insurance. Also salaried staff will more than likely get paid monthly. Hourly paid will be paid for each hour they work and will probably be paid a week in arrears with no other benefits.

[factor-fiction]

It may simply be that they need to retain the existing number of roles filled by salaried staff but they will require fewer staff in roles that are hourly paid

[buildersmate]

No, it isn't discriminatory, but not for the reason Sycamore states. It ain't to do with salaried versus hourly paid.