What are employee rights at takeover?

CAN1976

The company I work for is in the process of being acquired by another company. We don't know yet what impact this will have on jobs. I have 2 specific questions,

Redundancy - if in previous rounds of redundancy enahnced packages have been provided can we still be shuffled off on minimum statutory packages?

Job moves - How far can we be required to move base of work without being offered redundancy?

Emmzi

1. you can be offered statutory, past offers are no indicator of future offers

2. A reasonable distance. Depends on many things. What does your contract say about mobility? My rule of thumb is 45 mins each way but others vary. You have to do it case by case.

CAN1976

Thanks Emmzi. My contract uses the same word as you - reasonable. I was hoping there was some hard and fast rule - X miles or whatever.

LittleVoice

Emmzi wrote: »

1. you can be offered statutory, past offers are no indicator of future offers

Is that the case if the enhanced redundancy scheme was contractual?
If it were, would not the company have to first of all change the terms of employment?
This isn't a TUPE situation, is it?

CAN1976

I would assume it is TUPE yes.

Nothing in contract regarding redundancy, so I will assume I would get statutory, anything more would be a bonus.

paulmapp8306

Difficult I guess.

I do know of a company that was taken over - and the new one offered all the employees new terms, including a substantial pay cut. Anyone not taking it had to work out notice (one month in there case) and then left with no redundancy.

I know it was challanged however the upshot was the employees had no contract with the new comapny. The contract they had with the old one meant nothing once the company was sold.

Jarndyce

paulmapp8306 wrote: »

Difficult I guess.

I do know of a company that was taken over - and the new one offered all the employees new terms, including a substantial pay cut. Anyone not taking it had to work out notice (one month in there case) and then left with no redundancy.

I know it was challanged however the upshot was the employees had no contract with the new comapny. The contract they had with the old one meant nothing once the company was sold.

If that was a genuine takeover to which TUPE applied then those employees had nailed on automatically unfair dismissal claims - their contracts transferred and they could not be forced on to new terms.

getmore4less

What sort of takeover ?

TUPE will not apply if this is a share buyout but then there is no change of employer.


Whatever the companies tell you remember they don't have to tell you the truth.

It is possible for previous enhanced payments to be contractual through custom and practice but not an easy fight if they want to play hard ball.

You need things like(the more the better) multiple rounds on the same terms, wide knowledge (company meetings with notes/slides helps), agreed through collective bargaining with reps or union etc.

There is a ET that outlines a successfull case we used to collect similar evidence for when we needed to get our enhanced package reinstated, but I did not keep a link.

CAN1976

We're going from privately owned to being bought by a publicly owned company