takeover uncertainty

scooby088

About a month ago the company i work for was taken over by a much larger rival, since then our management hasn't given us any indication of our jobs or position.

I am one of a number of part timers that supplement the full timers and although on a variable hour contract i am guaranteed atleast 16 hours per week, there are rumours that our contracts would be raised to 50 hours per week and that our employment may not be carried over as continuous.

When i ask management they are as clueless as us staff are although i think they are more worried about their job security at the moment.

So all I am asking is can they raise our hours, and do they have to see our employment as continuous.

sangie595

scooby088 wrote: »

About a month ago the company i work for was taken over by a much larger rival, since then our management hasn't given us any indication of our jobs or position.

I am one of a number of part timers that supplement the full timers and although on a variable hour contract i am guaranteed atleast 16 hours per week, there are rumours that our contracts would be raised to 50 hours per week and that our employment may not be carried over as continuous.

When i ask management they are as clueless as us staff are although i think they are more worried about their job security at the moment.

So all I am asking is can they raise our hours, and do they have to see our employment as continuous.

Whatever happens your continuous employment is protected, although on what basis (because it depends on the terms of the takeover whether TUPE applies or not) is uncertain. But don't worry about your continuous service - that's fine.

But the rest, I am afraid to say, nobody can give you any assurances about. Under any circumstances terms of employment can be changed (although 50 hours could not be enforced - nobody can be forced to work more than 48). I would suggest that if management don't know anything, and you haven't been told anything, rumours can fuel more worries than it is worth giving credence to. And nobody could tell you what might happen. So until something does, stop worrying about it. It won't change anything, but it will make you miserable in the meantime.

ACG

A month, its nothing.
Give the new company time to settle in, get to know your systems and processes. They may decide they like things from your side more than their own or vice versa and they need to look at the business from the ground up and decide on a plan going forward.

You have 2 choices, sit back and let them get on with and wait to be told OFFICIALLY or find a new job.

I used to work for a company that bought another company and then merged with another all in the space of 12-18 months. It took time and the owners wanted to look at what was best from all 3 companies and cheapest, most robust etc etc.

Management are not going to put their head above the parapit and tell you anything until it is officially anounced, a) because they probably know nothing more than you and b) if they do know, they will have been told not to say anything.

As has been said, your service is protected there are TUPE LAWS to protect you.

So just crack on as normal and wait to be told. Worrying will not alter the outcome so you may as well just put it to the back of your mind. Alternatively, find a new job but you risk losing out on redundancy if they do decide to make cuts.

sangie595

ACG wrote: »

As has been said, your service is protected there are TUPE LAWS to protect you.
.

That actually isn't what I said. TUPE laws only apply if TUPE applies - and there isn't any evidence as to whether it does or not. What I said was that continuous employment is protected whether or not TUPE applies. And that is a fact.

getmore4less

In practice what sort of takeover makes little difference to what can be done.

Contract and service are protected at the point of change.
Sometimes a seller may put extra protections in place and TUPE just adds a few hoops but things(contract terms) can change

The usual way to have a rough idea what may happen is to look at the how the new owners do things in their other places and at previous takeovers.

Then you look at what you do and what they have that does the same/ similar.

Unless there is evidence that they have 50hr contracts and have tried to mess other takeovers with lack of continuity then probably some stirring going on.

I would probably look to see if there is any evidence they don't like partime workers.

Another thing to look at is why the takeover, if the place was in trouble and this is a rescue or was the old/new doing well so an expansion it can change the way thigs go.

Sometimes it is better to just get on with your job.

patman99

Are 50 hour a week contracts actually legal?. I thought we had the 'Working Hours Regulations' in place to limit hours to 48 per week except for those in certain jobs such as security.

scooby088

patman99 wrote: »

Are 50 hour a week contracts actually legal?. I thought we had the 'Working Hours Regulations' in place to limit hours to 48 per week except for those in certain jobs such as security.

My thoughts exactly on that, I think it maybe you have to opt out of the wtd.