Working for German company in England

[gee-dee-ell]

I am currently employed by a company registered in England, but of German Gmbh ownership and trading as XXX UK and my contact of employment is with the English registered company. The parent company has now offered me promotion so that although I will still be working in the UK in exactly the same office but with a couple of extra duties they want me to sign a new contract for direct employment by XXX Gmbh under German Law.

I have a couple of concern, mainly the German company is a little "shaky" and at the moment I would be entitled to statutory redundancy if the company failed. If I were to accept the offered German contract would I forfeit my right to UK redundancy? If not then would the new position be counted as continuous employment?
The other is concern is what, if any may be particular pros and cons a contract under German rather than English law.

Any advice would be appreciated.

[charitynjw]

Re: Working for German company in England

Hi gee-dee-ell,

I don't think you can sign away your statutory rights.

[FlamingParrot]

Re: Working for German company in England

If you are going to be working in the UK as opposed to Germany, I can't see how you could be made to work under German law! There are lots of foreign companies in the UK, yet everyone working for them is employed under English law, otherwise you'd have American companies issuing those infamous "at will" contracts to UK-based employees! :rant: :rant:

If they want to transfer your employment to another company then it should be under TUPE regs rather than by signing a brand new employment contract (presumably you'd have to resign your current one :noidea whereby you'd lose all rights associated with continuous employment, to me the whole thing sounds rather fishy. :confused2:

I spent six years working for a German company in the City, contract under UK law of course. I got TUPEd and sacked two weeks later anyway but such is the nature of the financial $ector. :mad2:

[basa48]

Re: Working for German company in England

If they want to transfer your employment to another company then it should be under TUPE regs rather than by signing a brand new employment contract (presumably you'd have to resign your current one :noidea whereby you'd lose all rights associated with continuous employment, to me the whole thing sounds rather fishy. :confused2:

Would only lose 'contractual' service rights not statutory rights - unless there was a break in contracted employment of greater than 1 week (Saturday to Saturday).