Should I accept the new contract?

Simon11

Hi all

I'm in a fairly unusual situation and wish to seek your advice to ensure that I have fully considered my options and risks of them.

I have been working for my current company for three years, initially within one of their 'divisions' and then in the last few months working for the 'group'.

The company is at the final stages of selling off the 'division' that I used to previously work in and the company purchasing this division have requested that I move back to the division and my old existing company are prepared to pass me over.

My personal preference is to move back to this division and work for the new company, as it reduces travelling time and is more of the type of work I'm interested in.

What I have been offered is a new contract with the division on the same contract as I'm currently on (led by the division HR) since I will not be TUPE and thus I'm getting transferred to the company before the sale. Once the new company sets up business in the UK, I will then get an official contract (led by the new company HR).

There are however a range of issues:
- I will lose my continuous service- how much is this an issue for a senior manager role? In particular, I will be asking for them to remove the probation period as they could potentially decide on day one that they don't want me and I'm out the door in one month.
- I'm currently not able to negotiate the new contract with the new company, since the existing division HR is unable to do this on behalf of the new firm. Thus if I sign, I'm unable to return to my existing role if the new deal is rubbish.

I hope this makes sense.

Is there anything else I should be considered? I'm keen to ensure that I don't loose out financially and there are no additional risks.

Thanks

TBagpuss

Why are you being transferred prior to the sale,rather than TUPEing over? If it is currently all part of the same organisation could you suggest that you are simply seconded there untilthe sale completes, and then transferred under TUPE with the rest of the staff?

If they are currently still part of the same company I don[t see why you would need a new contract. However, given that you would, on what you say, lose your employment rights I would suggest that you take some proper advice bfore deciding - ACAS may be able to help you clarify where you would stand.

Ozzuk

I'd explore the TUPE angle more. As a new starter you have less protection and there could be significant impact to your pension. If you had better holiday terms you could lose those, and any other rights/benefits could be impacted (flexible benefits etc)

getmore4less

NO way would I go for that.

Negotiate new terms within the existing group and TUPE over.

If they want you it as part of the buyout it is with continuity of employment.

OR you stay where you are a till they make a offer that allows you to resign and take up the new job.

Probation is irrelevant if you don't get continuity as everyone is on 2 years probation.

long notice/termination payment for any reason is about the only protection you can get into a contract.

jobbingmusician

I'm not sure whether you need TUPE, but you sure as hell need continuous employment. Otherwise the T & C are NOT the same....