New employment contract query

[jorainbow]

For the purpose of explanation company one is Bill and company two is Bob!

I applied for a was successul in gaining a job with Bill. The terms of the job were set out including probationary periods with salary increases at certain points. I signed a contract and away we go - started Monday.

it appears four of the homes that were company Bob have been taken over by Bill a year ago and though branded and marketed etc by Bob all financial transactions and staff contracts are still Bill.

I queried salary payment dates firstly to be told x date as per Bob and then oh no our mess up you should be on contract Bill (old company). With different terms and conditions. Though on the grapevine I've been told all staff will move to the new contracts in April.

The job I have started is new to the structure of the new company. Im suitably confused and receiving no answers other than my manager saying oh yes I've got a copy of your new contract. I had to ask for a copy. I'm perfectly happy with the new job and t &c's but am hesitant to sign anything that doesn't reflect what I signed up to.

any advice would be gratefully received!

[ULA]

Gosh I think I understand. Does the contract issued and signed by you and the company state that you are working for Bill?

If Bill took over company Bob then it is likely that any staff who transferred across to Bill would still be on Bob's contracts of employment (which may have different terms) under the terms of the TUPE regulations. It could be that company Bill has inherited a different pay day from as a result of the employment contract that company Bob had in place..

Did you keep a copy of the contract you signed? If so and you are happy with it, as I presume you were otherwise you would not have accepted and started on Monday, then just double check that is the contract they hold on file for you.

[jorainbow]

Hi and thank you for replying. As I am admin manager I have my own file at the side of me! I have Bill's contract but there is now one for Bob on my file which is unsigned. All other staff including new are on or being put on Bob's. Even though they are advertising Bill's new pay rates. More confused?

[ULA]

Very confused. Handy you have your file next to you.

So even though Bill took over Bob is seems like they have now decided that they want to keep Bob's employment contracts ongoing except pay rates.

At the moment as you were offered and signed Bill's contract that is the one that governs your employment.

I presume you have compared them are there any major detrimental/positives between the two contracts?

[jorainbow]

Yes - no sick pay. No mention of the probation structure and subsequent pay rises at 6 and 12 months. They say we will all be going on to bill's contract next month anyway so that also makes no sense

[ULA]

So from your last post it sounds like everyone is moving to the contract terms that you have currently signed?

[jorainbow]

The plot now thickens. No one is going to the new employers (Bill's) contracts. Everyone who works for the 4 homes that were bought out by Bill are staying on the original contracts (bobs). I should have been given Bob's. HR should have been calling me to confirm the differences to what I signed up to and to especially the sick pay and probationary periods.

[ULA]

Well the fact that they are keeping the 4 homes they bought out on their original contract stands to reason under TUPE. However if they have subsequently employed you on their contract (Bills) which they issued and you have signed then they are going to consider how they vary the contract terms which depends on what they are and whether they have any inbuilt flexibility in the clause.

[jorainbow]

Hi - basically wrong contract so the unsigned one in my file is what I am employed under with no sick pay. They verbally confirmed that Bills terms relating to the probation and incremental points still applies though I think I might ask for that in writing. Took three days to pay me - unimpressed!

[ULA]

So effectively you should have been on Bob's contract? Please get confirmation in writing of the the precise terms of Bill's contract that they are going to continue to agree to as additional clauses to the contract they now want you to sign.

On the salary payment date is that different in both contracts? If so have you been paid on the date in unsigned contract on the basis that is the contract they should have given you?

[jorainbow]

Thank you for all your help it is appreciated. Yes I'll email tomorrow to confirm this before signing. The answer to the wages question is yes on both counts

[jorainbow]

Hi - another update. I have just spoken to a new starter in the same position who has received a Bill contract but has been told by HR this is correct though she will be paid by Bob - I give up

[ULA]

Sounds like the left hand does not know what the right hand is doing.

Did you get the written confirmation as per my post #10