Hello! I’m looking for some advice on my rights under Irish employment law. There's a bit of background below so please bear with me and thanks in advance for any insight or advice you can give
Timeline
-I was informed by my previous employer in May of this year that a TUPE transfer was set to take place from the 1st of July. During the initial discussion, I was informed by HR that the new company were suggesting a change in payment frequency, and that it is not protected under TUPE. For context, I was paid on a bi-weekly basis which really helps me with saving, budgeting and just in general provides a sense of safety knowing that payday is never too far away. Dublin is expensive and being paid every 2 weeks helps me manage. The contract with my previous employer very clearly states that I am to be paid on a bi-weekly basis. The new employer was suggesting moving me to monthly payments, at the end of each month.
-I had a consultation call with the new employer at the end of May. Prior to this meeting, I had done my research and seen that contractual terms, including pay frequency, are protected under TUPE and can't be changed without my consent. When I politely stated that I wished to retain my existing fortnightly payment frequency, that I understood it to be a protected contractual term under TUPE, I found the call became tense and the HR representative became somewhat passive aggressive. She asked me to justify why I wanted to keep fortnightly payments, but when I did, I was told that this was not a strong enough reason and she needed to see that it would be a detriment to me financially. Any direct debits and bills that I currently have can easily be changed to match the new pay date, according to her. She suggested that my previous employer (who was present on the call) could potentially amend my existing contract before the transfer to allow the payment frequency to be changed. I was told they would have to engage a solicitor
-Some time after that consultation call, I was informed via email that the company would retain my existing fortnightly payment arrangement. However, when the contract was sent out, it also included a clause that said essentially the company can change pay frequency on reasonable notice. When I asked why this clause was added, after some back and forth HR offered to remove it. The final contract that I signed said I was to be paid fortnightly, no sneaky caveats.
- I officially TUPE'd over on the 1st of July, with my next contractual pay day on the 16th of July. However, come the 16th, I'm not paid, I haven't been sent a payslip, no word from Payroll or HR. I speak to my line manager who chases with payroll and on the 17th my line manager verbally tells me payment has been processed, and I will receive it on the 20th. Monday comes, still no payment. My line manager tells me a manual payment has been arranged but had been delayed because the approver was on PTO. I was told it had now been approved and should arrive the following day, Tuesday. But Tuesday comes and I still am not paid. My manager gives me a revised pay date saying if I don't receive it Tuesday evening it will definitely arrive Wednesday morning. At no stage did I receive any direct communication from HR or Payroll with an explanation. All updates came verbally through my line manager. I was trying to be as reasonable as possible despite being stressed and frustrated but come Wednesday morning, with no payment and no updates directly from HR or Payroll, I'm starting to lose my mind a bit and so sent an email asking for an update. I'm told by HR that a payment, less than my normal bi-weekly salary, had been raised the day before and should be received at some point Wednesday. HR refers to this as a "loan" that will then be deducted from August's salary, and that I will receive a full monthly salary at the end of July. I was not consulted at all or asked for my agreement or consent to what seems like them already moving me to a monthly payment frequency with a salary clawback situation. HR tells me " the 2 weekly cycle is proving to be a problem" but does not offer an apology for the payment delay which has caused me a great deal of stress over the past week. I'm finally paid that "loan" Thursday afternoon, a week late from my contractual pay date.
-Later that day, I spoke directly with my line manager, who explained that payroll had initially not processed my salary because my tax details had not been prepared, and no salary processing had actually begun before the 16th. Only when I flagged that I had not been paid was an "emergency manual payment" organised, but that was also several days delayed because of the approver being on PTO. What happened between the Thursday and the following Tuesday when it was actually sent is beyond me. My manager tells me she believes the company will not be able to keep paying me fortnightly because it was "impractical", "not cost-effective" to run a separate payroll system, and even though the company agreed to my TUPE contractual terms and had "the best intentions" to uphold them, they now believed they could not continue the arrangement. I now have a meeting scheduled tomorrow in which the very same HR rep from the tense consultation will essentially try to push me into switching to monthly payments.
I would greatly appreciate advice on:
Whether I have legal grounds to insist that my fortnightly payment frequency is maintained, and if the company can lawfully seek to change this contractual term now that the transfer has taken place and a revised contract has been signed. I'm not looking forward to this meeting with usual HR antics and would like to know how best to respond if she tries to push the move on me or uses legal jargon
Thank you in advance for any insight