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The company I work for are transferring us over to a new employer under TUPE. My colleague swapped shifts with me a few years ago as it was easier for me with childcare, but now that she is expecting a baby she is wanting to change her contracted hours back to what they originally were. My only concern with this is that our transfer will take place at the end of this year and she won’t be back from maternity until next year. Will my terms and condition change under TUPE as a new contract will need to be done for both of us with new contracted hours?
I think a lot will depend on the basis upon which the terms have been changed ie the swap.
If there was a formal and permanent change to the contractual terms then those will remain the terms after the TUPE transfer in my view.
If it was a temporary arrangement, capable of change on that basis, then depending on the basis upon which the terms can change back then they could be changed.
The question is whethere your colleague is able, if she chooses to, to ask that her hours are changed back on the basis of a temporary arrangement.
As there is going to be a TUPE transfer, certainly the new employer will need to be clear on its contractual obligations or otherwise with regard to changing – or the likely change in – any contractual hours.