TUPE and changes to hours

Q: Our company is being taken over by a new owner, who has told us we will have to change our hours. Are they allowed to do this?

A: If the business has carried on in the same way as before and has been transferred to a new owner, it is likely that you will be protected by the Transfer of Undertakings (Protection of Employment) Regulations (TUPE) – either the 1981 regulations, which apply until 5 April, or the new 2006 regulations applying to transfers that take place on or after 6 April 2006.

Under the 1981 regulations, any variation to your contract – including a change of hours – will not be enforceable.

But if the business transfers on or after 6 April, your employer can agree changes with you if they are for an “economical, technical or organisational” (ETO) reason that entails changes in the workforce.

Whichever version of the regulations applies, your employer cannot simply impose the change on you.