Merger and TUPE

[drssta]

I am seeking information about TUPE and Merger.
The organization i am affiliated with has merged with another company, In terms of employment rights, how do we stand? we have been told that this will not be a TUPE transfer.

What rights, if any do we have when the new company decides to change our terms and condition of employment? we have already lost several employees who have accepted settlements (which they can't talk about)

do we have any rights?

[ULA]

Not sure if you are in the public or private sector but transfers within the public sector are not usually covered by TUPE but some transfers from the public sector into the private sector are.

If this is a business to business situation, where a business or part of a business moves from one employer to another, then this can include mergers where two companies close and combine to form a new one.

Has the identity of your employer changed, which is a factor to be protected under TUPE?

[drssta]

I am seeking information about TUPE and Merger.
The organization i am affiliated with has merged with another company, In terms of employment rights, how do we stand? we have been told that this will not be a TUPE transfer.

What rights, if any do we have when the new company decides to change our terms and condition of employment? we have already lost several employees who have accepted settlements (which they can't talk about)

do we have any rights?

'To answer your question, this is a private sector employer.

To clarify further the organisation is a large one with individual companies sitting under the mother company. So, company ‘A’ being the mother company have various entities sitting under it. Under company ‘A’ sits company ‘B’, company ‘A’ buys company ‘C’, company ‘B’ is merged into company ‘C’ So, company ‘B’ identity has changed as it no longer exists'.

[ULA]

Effectively, using your terminology Co C and Co B are subsidiaries of Co A and this is a reorganisation between two subsidiaries. As a result employees may be shuffled between those subsidiaries to follow the functions, operations, customers and goodwill being transferred.

If this in essence it what is happening, in my view it is still potentially a TUPE transfer and not merely and admin exercise.