Lost personnel file incl. TUPE letter I never received!

ExIT

Hi,

Just discovered this site whilst trawling for TUPE/contract information.

In a nutshell, the company "I work for" has been sold to a competitor and all the IT department jobs are redundant. I say "I work for" because I believe that I work for a different legal entity to the one that has been sold, effectively I think I work for the parent company. I (and six colleagues) was supposed to have received a TUPE transfer letter in 2006 to this effect and been involved in consultation etc. I do not have this TUPE letter, nor do my colleagues and I never went to any meetings as part of the transfer process. In addition the company has conveniently "lost" our personnel files which would have included their copies of TUPE letters, contracts etc. The previous legal entity that I was employed by before this TUPE transfer does not exist, so we're in a kind of limbo.

Essentially they say we're part of the sale and we say that we're not. The company has no contracts or TUPE letters; with whom does the 'burden of proof' lie? Anyone have any idea where we stand legally on this?

Cheers,

ExIT.

tehone

What does your payslip say about who employs you?

p00hsticks

ExIT wrote: »

The previous legal entity that I was employed by before this TUPE transfer does not exist

...and so presumably can't be paying you. Who is ?

ExIT

My payslip is still headed as the now non-existent legal entity that I was previously employed by prior to the 'missing' TUPE. This has never changed since before the TUPE transfer.

Cheers,

ExIT

ExIT

My salary budget is held by another company in the group. My actual pay comes from a central payroll and is re-charged proportionately to four group companies. My boss reports through people who are in other group companies.

Cheers,

ExIT