company merger, advice needed

lisakay_2

DH has come home from work today having been told that the company he works for is merging with another and at some point in the near future ALL staff of both companies will have to reapply for their jobs. Obviously there will be some layoffs, but no idea as to the scale of it.
The problem we have is that there are an awful lot of rumours flying about and we're not sure what the truth is of the matter.

Apparently one of the girls in the office n(16 yrs service) has already been told that her job is to go and they have no position for her, but that there is a job available in krakow, poland. she will not be entitled to a relocation package, but if she declines the job she will not be entitled to redundancy. Is it possible that this is true? common sense tells me that it must surely be exaggerated, but I'm feeling a little concerned all the same:eek:.

with everyone having to reapply for their jobs, will TUPE apply or not? I can't help but feel concerned for the future of my little family!
any help, advice, or links to relevent employment law would be gratefully received. many thanks x lisa x

marybelle01

TUPE usually aplies but it depends on the nature of the merger. But human nature being what it is I'd suggest that you wait and listen to what management tell you instead of rumours - they will be busy with the "merger stuff" right now and aren't going to get around to things instantly. There is no way someobody can be forced to relocate to another country or lose their redundancy - or at least in the very rare circumstances where this may be possible it would need to be someone a bit more crucial and well paid than "the girl in the office"! It's hard not to listen to gossip, but that's all it is until your employer tells you something.

anamenottaken

lisakay wrote: »

DH has come home from work today having been told that the company he works for is merging with another and at some point in the near future ALL staff of both companies will have to reapply for their jobs. Obviously there will be some layoffs, but no idea as to the scale of it.
The problem we have is that there are an awful lot of rumours flying about and we're not sure what the truth is of the matter.

Apparently one of the girls in the office n(16 yrs service) has already been told that her job is to go and they have no position for her, but that there is a job available in krakow, poland. she will not be entitled to a relocation package, but if she declines the job she will not be entitled to redundancy. Is it possible that this is true? common sense tells me that it must surely be exaggerated, but I'm feeling a little concerned all the same:eek:.

with everyone having to reapply for their jobs, will TUPE apply or not? I can't help but feel concerned for the future of my little family!
any help, advice, or links to relevent employment law would be gratefully received. many thanks x lisa x

If that were from Denmark Street to Poland Street (both central London), that would be the case but not country to country.

getmore4less

With mergers TUPE often does not apply, mostly depends on the ownership.

But it make little practical difference anyway, you carry on on your existing T&C untill changed which can be almost immediate with notice.

There is a diminishing need for work and they probably want to harmonise the contracts.

The critical part for redundacy is the job you will be doing be the same one(on suitable terms) or a suitable alternative.

if not then the entitlement to redundancy exists.

There have been a lot of threads with examples of the things that can be considered regarding suitability.

ift here eare a lot of redundacies then they need to look at group cnsultation and this will involve union or employee reps, this will also set minimum periods before they can terminate people through redundancy

it is worth reading up on how employers should do things
http://www.businesslink.gov.uk/bdotg/action/layer?r.l1=1073858787&r.s=tl&topicId=1074450319

loads of stuff on the web have a good read around to get a feel for the things that should be happening.

You will have plenty of questions once things get going.

gibson123

There is of course all the financial and legal sides of things which are of course important but in this situation it is very important that you look at the bigger picture and start looking to your future position. You should advise your OH to start becoming informed and start preparing for the interviews and a future with the new company. In other words do not put your time and energy into resisting change, but rather accept the change is happening and start thinking where he would like to be in the new structure. Most people will be like headless chickens, listening to anyone who seems to have a bit of knowledge and getting it all wrong. Your OH should accept he is now in a competitive recruitment situation and should be trying as much as possible to be seen to be supporting the new management, if the new management are jostling and asking for support, he should support all of them or be non-committal when asked for his support. He should also recognise that old loyalties are now irrelevant and he should not get into a position where he is supporting others particularly and putting himself in the position of resistor. The bottom line is he should be taking care of what is best for you and yours and get the best deal he can.

lisakay_2

Thank you so much for your replies, and the link as well. I'll spend the evening having a look when the kids are in bed. I shall also start to update his CV for him to include all the recent training and responsibilities. He's not at all resisitant to change, so hopefully that will stand him in good stead.

I know full well, that we shouldn't listen to rumours, but sometimes...i don't know about you, but i just can't help it, lol!
A lot of it now is just a waiting game I suppose, until management themselves know exactly what is going on!

thanks again xxx

paddyrg

Also, when companies merge/change, it doesn't suit everybody. Things will get very stirred up, and it may well be that the very factors that make it a good job now will change. The whole process is very unsettling in itself.

It may be worth having a look out for other companies at the same time as the CV is being updated - if there are a lot of redundancies, the market may become saturated with out of work people ready to take any job they can - jumping early may mean getting the pick of the market.