"TUPE" and changing employment?

WilliamS2018

So I was recently refused Paternity leave and pay by my employer because apparently I hadn't worked for him for long enough. The man owns several retail outlets and routinely moves staff between them - I've moved around them all last year, but spent all my time since about June at one outlet. He claims that this store is actually a separate company and thus I'm not entitled to paternity. According to a friend, a law called TUPE should apply protecting my eligibility. Can anyone shed any light on this because the web is confusing!

p00hsticks

Not sure about whether TUPE applies or not (if your employer owns all these retail outlets I suspect not), but as far as I'm aware he can't simply drop your continuity of service by shifting you around from one company / outlet he owns to another.



How long have you been employed by him in total ?
And who does it say your employer is on your payslips ?


On both occasions where I've been transferred via TUPE from one employer to another, I've been issued a P45 by the old employer - has he done this ?

WilliamS2018

I've worked for him for about two a day a half years in total. I've been issued no paperwork at all, and the payslips just say the name of the shop (we've only just begun getting payslips recently at this shop and we don't get them at all at the other shops unless we ask for them. No contracts either).

WilliamS2018

*two and a half years that should read!!

WilliamS2018

Anyone please?

steampowered

Moving you from one shop to another does not break continuity of employment.

Sounds to me like you are very much entitled to paternity pay.

Do you have any documentation which has the legal name of your employer on it (e.g. company name?). It may well be that the company name of your employer hasn't changed - it isn't clear from your post whether this man's different shops are actually owned by different companies or not.

WilliamS2018

I'm going by what he told me one week into my two weeks off (which my manager gave me but which the owner has written off as just two weeks not working). He simply said "different companies" without elaboration. Unfortunately I've got no documentation of any kind - as he explained to me, small businesses like himself don't need to issue contracts or payslips ��.
The only payslips I have ever had just show the name of the shop itself.

Dazed_and_confused

It isn't necessarily going to help but you may didn't it useful to look at your Personal Tax Account on gov.uk.

This will show details of the employer who is sending HMRC pay information for you and the payslip info for each payment they make.

Presumably if they are moving you from one employer to another this will be reflected by your tax account showing several different employers.

Savvy_Sue

WilliamS2018 wrote: »

I'm going by what he told me one week into my two weeks off (which my manager gave me but which the owner has written off as just two weeks not working). He simply said "different companies" without elaboration. Unfortunately I've got no documentation of any kind - as he explained to me, small businesses like himself don't need to issue contracts or payslips ��.

Hmmmm. HMRC don't agree. I wonder what else on that list he thinks he doesn't have to do?

It is possible that if you are all paid less than £116 that he doesn't have to report to HMRC - is that likely?

How much are you usually paid, roughly?

WilliamS2018

It depends on the weekly rota how much I earn, as the hours change constantly (unless you look at the payslips which have the staff down at 16 hours every week, something I called HMRC about but they didn't seem bothered. I'm going to call back though and reiterate this to them)

WilliamS2018

He's not a particularly good boss but luckily I'm moving jobs very soon!