TUPE

[grangers72]

Good evening. The company I work for have been acquired by another company.

As such the UK office is closing and I will be join our new owners office in the UK.

I am having my contract transferred under TUPE, the new contract I have been offered is slightly better than my current contract- apart from one grey area.

My current contract is a little odd as my notice period to the company is 1 month, however the companies notice period to myself (after two years service, I have five years service) is 12 months.

The terms in my new contract are 3 months notice either way.

Should I agree to this, or under TUPE is it worth requesting the same terms as my current contract of 1 month/12 months. I don't want to kick up a fuss, but don't want to leave myself open by losing out on the security of 12 months.

I have questioned the new employer, they have said this is their standard terms for my position, but as I see it I haven't signed a contract.

I am currently in the position of my new contract due to start 1 February, but I haven't signed my contract (I've only had it a few days) and today I received my P45 from my 'old company'. If I don't agree to the notice terms, where do I stand employment wise?

Thank you in advance for your advice and support.

[teaboy2]

Re: TUPE

Personally id except it if the rest of the terms are more favourable - Its very rare for employers to dismiss by way of notice anyway, so its not much of a security.

Technically they shouldn't alter any terms that would be putting you in a less favourable position under said term to what you were before. As under tupe they can only either keep same terms or offer you more favourable terms to current terms! - Unless you agree otherwise.

Ultimately its your decision to make, but if you can't agree a contract, your out of work with no redundancy pay etc as you'd be declining to be tupe'd i.e declining a suitable alternative job. So catch 22 situation really!

[mariefab]

Re: TUPE

Receiving a P45 from the transferor Company is simply a matter of them tidying their accounts.

If you don't sign the new contract offered, you still transfer to the transferee Company on 1st February with all your current terms and conditions of employment intact, including your continuity of service.

Is your concern possible redundancy?

[grangers72]

Re: TUPE

Thanks for the reply.

I am currently working in an industry which is being badly hit by the Oil price, I've seen a lot of people in similar positions to me being laid off through no fault of their own. So in the near future I do have a concern on redundancy, if I was to be laid off on my current contract I would receive 12 months notice, my new contract would be 3 months

[Openlaw15]

Re: TUPE

Good evening. The company I work for have been acquired by another company.

As such the UK office is closing and I will be join our new owners office in the UK.

I am having my contract transferred under TUPE, the new contract I have been offered is slightly better than my current contract- apart from one grey area.

My current contract is a little odd as my notice period to the company is 1 month, however the companies notice period to myself (after two years service, I have five years service) is 12 months.

The terms in my new contract are 3 months notice either way.

Should I agree to this, or under TUPE is it worth requesting the same terms as my current contract of 1 month/12 months. I don't want to kick up a fuss, but don't want to leave myself open by losing out on the security of 12 months.

I have questioned the new employer, they have said this is their standard terms for my position, but as I see it I haven't signed a contract.

I am currently in the position of my new contract due to start 1 February, but I haven't signed my contract (I've only had it a few days) and today I received my P45 from my 'old company'. If I don't agree to the notice terms, where do I stand employment wise?

Thank you in advance for your advice and support.

Under TUPE your previous contract terms should be continued. Argue the grey area if it's not the same, to your detriment, as the previous contract.

[NWHC]

Re: TUPE

12 months notice is very generous and in my opinion should be kept.
I would disagree with teaboy only insofar as , should they make redundancies , they would need to pay you your contractual notice

[mariefab]

Re: TUPE

It's not unusual for redundancies to follow TUPE transfers; especially in acquisitions as there's likely to be duplication of posts/duties and your industry is already suffering.

You say that you've been 'offered' this new contract. How has this been presented?
Was it (a) Here's our standard contract, let us know if you are interested in changing over to our terms or whether you prefer to retain your existing terms.
Or (b) Here's our standard contract look it over and return your signed copy asap.

[grangers72]

Re: TUPE

Hi Maiefab

We were told there would be no major changes to our contract.

When it was (finally sent through) it was very much please see attached, can you please sign and return by Monday (I received it on a Thursday night) - so b)

[mariefab]

Re: TUPE

Dear me. If lopping 9 months off your contractual notice period isn't worth a special mention, I wonder what would constitute a major change in their opinion.