employed by same person but different company

Thebiguglyone

I am told the company I currently work for is about to close due to insolvency.

there is talk that the director will immediately be setting up a new company, same business but different name.

My question is whether (if I were to take up his offer of employment) this would be regarded as continuous employment or is it a case of different business name-different employer?

Thanks
tbuo

AimeesMum_2

Your old employment would end as this would be a contract between yourself and a company which no longer exists. Therefore it would not be considered continious employment.

SarEl

AimeesMum wrote: »

Your old employment would end as this would be a contract between yourself and a company which no longer exists. Therefore it would not be considered continious employment.

Not necessarily. If you are being offered, whilst still in employment, the opportunity to do the same job in the same circumstances, for the same employer, with simply a change of employer name, then there is a strong probability that this would fall under a TUPE transfer. Even were there a break of employment between the two jobs, provided this wasn't for a great length of time, it would probably qualify as TUPE - failing to provide continuous employment is a scam to avoid responsibilities!

On the other hand, this employer sounds like the sort that would this, so you would need to ensure that you kept and evidentail trail between the two employers - copies of contracts, company status, dates, who says what etc - basically, record everything and keep it. You might need it.

Thebiguglyone

Cheers for the pointers and the warnings.

I have been offered employment elsewhere and think I would be wise to take up their offer.

Time for a fresh start