Tupe?

Juliaxyz

I worked for a company for 9 years and on the day it went into liquidation, the assets and name were bought by a new owner as a pre-pack. They took on the existing staff - 4 of us. Now 18 months later the company is not doing well and I was asked if I would take one day a week in the factory instead of my four days in the office. I have refused and expected redundancy, but my new boss says as I have worked for him for less than two years I am not entitled to it. My new contract has the date when I started 9 years ago as well as the takeover date. It seems a TUPE agreement should have been signed by me at the takeover time. Is this true?

makeyourdaddyproud

Can I ask why you refused the help to company in the factory? What was the reasoning behind it?

anamenottaken

Juliaxyz wrote: »

I worked for a company for 9 years and on the day it went into liquidation, the assets and name were bought by a new owner as a pre-pack. They took on the existing staff - 4 of us. Now 18 months later the company is not doing well and I was asked if I would take one day a week in the factory instead of my four days in the office. I have refused and expected redundancy, but my new boss says as I have worked for him for less than two years I am not entitled to it. My new contract has the date when I started 9 years ago as well as the takeover date. It seems a TUPE agreement should have been signed by me at the takeover time. Is this true?

You don't need to sign a TUPE agreement. You have written particulars which show the original date of your employment - presumably described as "date continuous employment began".

What reason did you have for saying the one day a week in the factory was not suitable? Is it because it is just one day a week with no days in the office OR is there some other reason?

CKhalvashi

We've done pre-pack buyouts before now, with employment rights transferring from the company we've bought out to CK Holdings (The company that pays the wages)

Most of it was handled by our accountant, but I don't recall any paperwork being in the office for TUPE, my understanding was that in a buyout situation, TUPE automatically applies with your original employment contract.

CK

antrobus

Juliaxyz wrote: »

.... It seems a TUPE agreement should have been signed by me at the takeover time. Is this true?

I don't think so. TUPE either applies or it doesn't apply. Whether or not you've signed a piece of paper is of no consequence as far as I'm aware.

As far as pre-packs are concerned, it seems that the question of whether or no TUPE applies has been the subject of a number of court cases. It looks like they've decided that it does. But it's the kind of question you'd want to ask a real solicitor.