company name change

mrsatkinson

Hi the director at my OH workplace sadly passed away a few months ago his OH is now in the process of selling her shares in the company (she is the majority) when this happens and the new employer takes over I think the company name may be changed if this should happen would he still be entitled to his 12years redundancy? I know if he was laid off right now he wld get 24months redundancy but I've been told if they change the name he wouldn't get nearly as much n obviously in the current climate he's not guaranteed to get another job straight away so I'm hugely worried, oh he took a pay cut of 15% 3 months ago for 3months and they have just asked them to continue it for another 3 weeks I just feel like they are all being played and fobbed off x x x

Googlewhacker

I suggest you read up on TUPE, google it

bap98189

Just because any new owner may change the name of the company doesn't make any difference. It will still be the same entity, just with a different name. If the company is bought over by an existing business, then it may be subsumed. In this case, all employees will likely have their contracts transferred (TUPE'd) over, but will retain all their existing employment rights.

Are you sure about the 24 months redundancy payout though? Redundancy pay is normally calculated as either 1 or 1.5 weeks pay (depending on your age) for each complete year of service.

mrsatkinson

yes he gets 1 week 4 every year which i know is the norm and then the company give him another week and then 90days notice on top (this bit I'm not sure about) so its a good pay out which is why I'm a little worried :mad: I tried to read up on TUPE but alot of it didn't make much sense to me tbh x x

Annisele

But one week for every year plus a week plus 90 days notice can't possibly add up to 24 months redundancy pay...unless your OH is very very old.

jazzyman01

12 x 2 = 24 weeks plus 90 days notice. Do you mean 24 weeks not months?

mrsatkinson

oh der lol yes i ment weeks sorry brain is trying to process a hundred things at once x x

RobertoMoir

The TUPE reference applies if an employee gets transferred to a new employer, for example if one company's manufacturing department gets purchased by another, which presumably wouldn't apply here.

You're talking about the same company changing owners... for example if I sold "Roberto's Widgets" to you and you changed its name to "Mrs Atkinson's Widgets". In this case, the company still exists and the rights of its employees shouldn't be affected.