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Not being TUPE’d over following a merger

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  • Not being TUPE’d over following a merger

    Hello
    We were told last week that we were merging with another company and the merger took place the day before we were informed. We are not being TUPE’d over. How does this affect our employment? I have over 25+ years of service will this be wiped out as we are not being TUPE’d over.
    Any advice appreciated
    Thanks
    Tags: None

  • #2
    What you say gives me the impression that you are being made redundant. What have you been told about your position?

    ULA may have further thoughts.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Guides and handbooks for Litigants in Person - :

    https://legalbeagles.info/forums/for...60#post1701560

    Comment


    • #3
      TUPE regulations require that staff are consulted in advance of in this case the merger which seems not to have happened.

      When you say you are not being TUPE'd what exactly have you been told in regard to your position?


      I do not provide advice by PM although I may on occasion ask you to send me documents this way but any related advice will be provided back on your thread.

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      If you have any doubts then do please seek professional legal advice.


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      Comment


      • #4
        Hi
        We have been told its business as usual. We have been issued with a FAQ sheet. One of the questions “Will anyone lose their jobs because of the merger” No redundancies are planned. Roles remain unchanged at this stage
        Some of the responses to the FAQs are a bit ambiguous.
        A forum has been opened up to ask questions I just need to know what questions I should be asking.
        Thank you so much for your time

        Comment


        • #5
          You should try to understand the structure of this "merger". It sounds as if you remain employed by the same company - no change there - but that the ownership of the company may have changed as part of the coming together with another business.

          You should ask simple questions such as "please explain clearly how this 'merger' works and what it will mean for employees of [your company]"
          Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

          Guides and handbooks for Litigants in Person - :

          https://legalbeagles.info/forums/for...60#post1701560

          Comment


          • #6
            Just going back over information received it seems the wording may be key to this I have referenced the company I worked for as A and the company we are merged with as B. Below some excerpts from info received.

            Company A is joining Company B as part of an exciting integration. The merger took place on …….and we are now able to share this information.
            You’ll be joining a wider Company B team as part of this transition.

            In the FAQ’s
            Existing contracts and benefits remain unchanged for Company B. For Company A there may be a change in payroll admin

            What will the company be called ? Company A will adopt Company B name and together will operate as one unified Company B team

            your thoughts are appreciated
            thanks

            Comment


            • #7
              What exactly do you want to know? It seems that you still have the same employer, it is just that the name (or trading name) of your employer will change.

              It does not seem that there is any question of a TUPE transfer, given that there is no change of employer.
              Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

              Guides and handbooks for Litigants in Person - :

              https://legalbeagles.info/forums/for...60#post1701560

              Comment


              • #8
                Thank you for your response. It appears myself and colleagues have not understood this merger properly. We will ask for clarification on how it works etc.
                Thank you

                Comment

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