FAQs - Two tier workforce

Modified on Tue, 3 Mar at 10:08 PM

I am paid much less than colleagues doing the same job who have been transferred from the public sector. Am I being treated unfairly?

UNISON’s position is that this may well be unfair.

The 2003 code of practice did provide for new workers to have “no less favourable terms” – but unfortunately it is no longer the law. Get in touch with your UNISON rep who can check the Principles of Good Employment Practice for guidance.

You can also call UNISON Direct on 0845 355 0845.


What should I do if my employer, who is a contractor, has lost their contract to another contractor?

Unless you are told otherwise you should turn up for work as normal. Your employment contract should transfer automatically to the new contractor, with no major differences to your job.

If you find your job has gone due to the change, you could consider making a claim for unfair dismissal  against both employers in an employment tribunal

Read more about unfair dismissal

Read more about employmen tribunals

You may also claim for “failure to consult before a TUPE transfer”. Contact your UNISON rep for advice.

Read more about TUPE

Find out how to contect your rep.


What will happen to my pension if my job moves from the public sector to a private company?

Private contractors are generally expected to offer a “comparable” pension scheme to transferred staff.

Both the new Local Government Pension Scheme in England and Wales, which is due to come into force in 2014, and the new NHS Pension Scheme, which is due to start in 2015, include measures to allow staff transferred to the private sector to keep their membership of these schemes.

Find out more about pensions.

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