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TUPE or not TUPE

3 replies 33.6K views
newnoo2newnoo2 Forumite
3 posts
Hello,

Thank you in advance for this message board, I hope that you can shed some light on the options available to me.

I have worked for a small company for 7 years, where I am the only employee along with the 2 directors. Three months ago, due to the business struggling, the directors made a deal of some sort with a larger company who have moved us to a new location. I think that they are basically winding up the old Ltd company and starting fresh with a slightly different name and a new director.

Being the only employee, I am stuck in the middle slightly. The company that has taken charge first tried to make me go self employed but I refused. I have been fighting my corner to try and get my continuous employment recognized as I believe TUPE should apply.

I finally managed to get a contract with this new employer (or more precisely a subsidery company of this employer) that states my original start date but this was only after continued requests and they refused to honour my original terms of employment so i am now working longer hours, travelling further and have lost sick pay, also they have now added that being laid off is a possibility whereas before I was never sent home if quiet etc. To be honest I just wanted something in writing that said I was still employed but am now wondering whether I should have signed anything at all.

To further complicate matters I am not receiving pay slips with my wages since this new company has been involved even though they have told me that I would on numerous occasions. It is my view that they are basically telling me that I have TUPE'd over now but are paying me as though I am self employed. My cheques contain the words, for and on behalf of "company name".

I have now also received an RP1 form from the insolvency practitioner who is dealing with the old companies affairs and I don't know what to do really. I'm not sure that I want to continue working for this new firm due to the way they have treated me and I don't know what position I am in in regards to demanding my pay slips from the last few months. Also I am worried that If I don't take redundancy and try to keep my employment in the form of a TUPE transfer, they will just use the lay off clause in the new contract forced upon me to reduce my hours significantly, or start finding ways to get rid of me through disciplinary procedures.

Any advice would be greatly appreciated, thank you for reading.

Replies

  • edited 11 December 2012 at 11:28AM
    WywthWywth Forumite
    5.1K posts
    edited 11 December 2012 at 11:28AM
    newnoo2 wrote: »
    Hello,

    Thank you in advance for this message board, I hope that you can shed some light on the options available to me.

    I have worked for a small company for 7 years, where I am the only employee along with the 2 directors. Three months ago, due to the business struggling, the directors made a deal of some sort with a larger company who have moved us to a new location. I think that they are basically winding up the old Ltd company and starting fresh with a slightly different name and a new director.

    Being the only employee, I am stuck in the middle slightly. The company that has taken charge first tried to make me go self employed but I refused. I have been fighting my corner to try and get my continuous employment recognized as I believe TUPE should apply.

    I finally managed to get a contract with this new employer (or more precisely a subsidery company of this employer) that states my original start date but this was only after continued requests and they refused to honour my original terms of employment so i am now working longer hours, travelling further and have lost sick pay, also they have now added that being laid off is a possibility whereas before I was never sent home if quiet etc. To be honest I just wanted something in writing that said I was still employed but am now wondering whether I should have signed anything at all.

    To further complicate matters I am not receiving pay slips with my wages since this new company has been involved even though they have told me that I would on numerous occasions. It is my view that they are basically telling me that I have TUPE'd over now but are paying me as though I am self employed. My cheques contain the words, for and on behalf of "company name".

    I have now also received an RP1 form from the insolvency practitioner who is dealing with the old companies affairs and I don't know what to do really. I'm not sure that I want to continue working for this new firm due to the way they have treated me and I don't know what position I am in in regards to demanding my pay slips from the last few months. Also I am worried that If I don't take redundancy and try to keep my employment in the form of a TUPE transfer, they will just use the lay off clause in the new contract forced upon me to reduce my hours significantly, or start finding ways to get rid of me through disciplinary procedures.

    Any advice would be greatly appreciated, thank you for reading.

    I googled 'TUPE' and this was the first item that came up

    http://www.acas.org.uk/index.aspx?articleid=1655

    I then googled 'right to receive a payslip' and this was the first link that came up
    https://www.gov.uk/payslips-your-rights
  • CAB_Malvern_Hills_representativeCAB_Malvern_Hills_representative Organisation Representatives - Private Messages may not be monitored
    153 posts
    newnoo2 wrote: »
    Hello,

    Thank you in advance for this message board, I hope that you can shed some light on the options available to me.

    I have worked for a small company for 7 years, where I am the only employee along with the 2 directors. Three months ago, due to the business struggling, the directors made a deal of some sort with a larger company who have moved us to a new location. I think that they are basically winding up the old Ltd company and starting fresh with a slightly different name and a new director.

    Being the only employee, I am stuck in the middle slightly. The company that has taken charge first tried to make me go self employed but I refused. I have been fighting my corner to try and get my continuous employment recognized as I believe TUPE should apply.

    I finally managed to get a contract with this new employer (or more precisely a subsidery company of this employer) that states my original start date but this was only after continued requests and they refused to honour my original terms of employment so i am now working longer hours, travelling further and have lost sick pay, also they have now added that being laid off is a possibility whereas before I was never sent home if quiet etc. To be honest I just wanted something in writing that said I was still employed but am now wondering whether I should have signed anything at all.

    To further complicate matters I am not receiving pay slips with my wages since this new company has been involved even though they have told me that I would on numerous occasions. It is my view that they are basically telling me that I have TUPE'd over now but are paying me as though I am self employed. My cheques contain the words, for and on behalf of "company name".

    I have now also received an RP1 form from the insolvency practitioner who is dealing with the old companies affairs and I don't know what to do really. I'm not sure that I want to continue working for this new firm due to the way they have treated me and I don't know what position I am in in regards to demanding my pay slips from the last few months. Also I am worried that If I don't take redundancy and try to keep my employment in the form of a TUPE transfer, they will just use the lay off clause in the new contract forced upon me to reduce my hours significantly, or start finding ways to get rid of me through disciplinary procedures.

    Any advice would be greatly appreciated, thank you for reading.



    Hi

    TUPE issues are extremely complex so this is definitely an issue that you are going to get to need specialist advice on from your local CAB or Law Centre as soon as possible. They can then look at the issues in detail and help you to find a way forward. If you go you should take along all the documents you have pertaining to your employment with them.

    Further information on these issues can be found on the ACAS website below:

    http://www.acas.org.uk/index.aspx?articleid=1655
    Official CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe I’ve broken any rules please report my post to [email protected] as usual"
  • Thanks for the reply, I will try to arrange a meet with my local CAB. I have looked into all the rules and regulations, the thing is in reality it is not as clear cut as it seems when you are trying to keep a wage coming in.

    Thanks again
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