company taken over then changed name,

mrsormrod

My work place was taken over by a new company in octoberish time last year (company a)we were all sent letters stating contracts would continue under tupe etc....
But mid june we have all recieved p45's from company a and now wage slips have a new company name (company b), but bank statement is still showing we are being paid by company a.
No new contracts have been signed and we have been told that they have had to change the name to buy the company due to some tax law? and that nothing has changed. But they are still operating as company a
are they talking bull?
Im just worried mainly because i start maternity leave end of november and worry they could say ive not worked at company b long enough.(even though ive been there for 5 1/2 yrs.) Should i be worried about not having a contract? or is that still covered under tupe?

jazzyman01

You are still covered under TUPE. If you have a contract from your old Company that will apply.
Relax and look forward to your maternity leave!

mrsormrod

even if they have changed name and given us p45's?

generaloneill

They cant just give you p45s, surely they have to offer you consultation and or redundancy?

zzzLazyDaisy

Yes. It is two separate issues, but as an employee they do not concern you.

Company B buys Company A.

Company A is dissolved and merged with Company B (or, alternatively, Company A sells only part of the company to Company

Either way the employees are no longer employeed by Co A, and their employment is transferred to Co B.

On the ending of their employment by Co A a P45 will be raised in the normal way. They commence work with Co B immediately, so there is no break in employment, but there IS a change of employer.

If TUPE did not exist, this would lead to a completely new employment situation, and all employees would start again with Co B, on a new contract, with new service histories. As they would not have one year's service with Co B, they would all be at risk of losing their jobs with no protection.

BUT that is the point of TUPE. It protects employees in EXACTLY this situation, so that although the identity of the employer has changed, their contracts pass seamlessly from one employer to the next, with all rights intact, including length of service. (TUPE stands for Transfer of Undertaking Protection of Employment regulations.)

So try not to worry, your length of service is protected.

mrsormrod

but the company was sold in october we got the p45 in june dated june

mrsormrod

p45 showed the employer as the one that had taken over in june and we are now being paid by a different one. but not had another tupe letter

zzzLazyDaisy

The fact remains that, as long as you are doing the same job, it doesn't matter how many change-overs, name changes, changes of employers etc take place, you are protected by TUPE, and your length of service continues.

LittleVoice

mrsormrod wrote: »

p45 showed the employer as the one that had taken over in june and we are now being paid by a different one. but not had another tupe letter

If the change has been done for tax reasons as suggested in your first post, you will find that the new company is in the same group as the first and that is why they have probably not issued a formal TUPE-related letter.