Where do i stand

clashcitybear

Hi All .
The company That i worked for went into Adminstration in July And we were all made redundant .Another company Brought the old site and re-employed all the staff 4 days later,longer hours and less pay doing the same jobs . The insolvency Service have ruled that we have been tupe. I had had a meeting with the Director Who said that my "Contract was out of date and was not a legal" .This is only signed contract i have . Is he Correct? if not should my rights and pay be as before.
thanks
clashcity

wynnvegas

Hi,

If it is TUPE and you have not resigned your original post (a fairly common trick from incoming organisations) then the 4 days will be very unlikely to constitute a break in service. As such, your protected terms should include your hours of work and rate or remuneration. Unless by some fluke your employment was on a fixed-term basis and ended somewhere in that 4-day period, the Director is wrong to classify your contract as out of date and, unless there are some bizarre or archaic pieces contained within the contract, it is likely to be legal.

You need to take some advice on this. Do you have a union or an internal HR department to clarify a) his meaning and b) your rights under TUPE?

Regards,

Billy

Debt_Free_Chick

Contracts of employment don't "go out of date" - the terms continue to apply until the contract is terminated or amended. Termination of the contract comes about via dismissal, resignation or retirement. In your case, you were dismissed, but it looks highly likely that TUPE will apply so that the terms of your old (current) contract continue .... until it's terminated or amended.