New employment consultation after the acquisition

JohnBravo

Hi All,

I hope you are well.
The company I work for has been acquired and as I write this a handful of employees are being on-boarded to the new company including myself.
From the HR department of a parent/new company I heard that the employees will be interviewed 1-on-1 by some external consultant(s) they hire to negotiate the new terms.

At the old place I was employed without a contract so as I heard from others the statutory terms apply e.g. 20 days of holiday.
My old boss has apparently declared/pre-negotiated? that we have 25 days off annually but how realistic this is I don't know. I think the new employer could easily verify that by asking for the existing contract if this figure is indeed based on that.

I wanted to ask anybody who had gone through a similar process so I can get prepared rather than not. I also think about asking for a pay raise. I think it's a good opportunity to do that rather than after I agree to the new terms.

Please advise.
Thank you

Marcon

JohnBravo said:

Hi All,

I hope you are well.
The company I work for has been acquired and as I write this a handful of employees are being on-boarded to the new company including myself.
From the HR department of a parent/new company I heard that the employees will be interviewed 1-on-1 by some external consultant(s) they hire to negotiate the new terms.

At the old place I was employed without a contract so as I heard from others the statutory terms apply e.g. 20 days of holiday.
My old boss has apparently declared/pre-negotiated? that we have 25 days off annually but how realistic this is I don't know. I think the new employer could easily verify that by asking for the existing contract if this figure is indeed based on that.

I wanted to ask anybody who had gone through a similar process so I can get prepared rather than not. I also think about asking for a pay raise. I think it's a good opportunity to do that rather than after I agree to the new terms.

Please advise.
Thank you

You had a contract; it just wasn't in writing.

Statutory annual leave for a full time worker is 5.6 weeks, or 28 days.

Was this a transfer covered by TUPE?

EnPointe

Marcon said:

JohnBravo said:

Hi All,

I hope you are well.
The company I work for has been acquired and as I write this a handful of employees are being on-boarded to the new company including myself.
From the HR department of a parent/new company I heard that the employees will be interviewed 1-on-1 by some external consultant(s) they hire to negotiate the new terms.

At the old place I was employed without a contract so as I heard from others the statutory terms apply e.g. 20 days of holiday.
My old boss has apparently declared/pre-negotiated? that we have 25 days off annually but how realistic this is I don't know. I think the new employer could easily verify that by asking for the existing contract if this figure is indeed based on that.

I wanted to ask anybody who had gone through a similar process so I can get prepared rather than not. I also think about asking for a pay raise. I think it's a good opportunity to do that rather than after I agree to the new terms.

Please advise.
Thank you

You had a contract; it just wasn't in writing.

Statutory annual leave for a full time worker is 5.6 weeks, or 28 days.

Was this a transfer covered by TUPE?

20 holiday   + 8 public holidays   leave  is where the 5.6  weeks comes from 

JohnBravo

Marcon said:

JohnBravo said:

Hi All,

I hope you are well.
The company I work for has been acquired and as I write this a handful of employees are being on-boarded to the new company including myself.
From the HR department of a parent/new company I heard that the employees will be interviewed 1-on-1 by some external consultant(s) they hire to negotiate the new terms.

At the old place I was employed without a contract so as I heard from others the statutory terms apply e.g. 20 days of holiday.
My old boss has apparently declared/pre-negotiated? that we have 25 days off annually but how realistic this is I don't know. I think the new employer could easily verify that by asking for the existing contract if this figure is indeed based on that.

I wanted to ask anybody who had gone through a similar process so I can get prepared rather than not. I also think about asking for a pay raise. I think it's a good opportunity to do that rather than after I agree to the new terms.

Please advise.
Thank you

You had a contract; it just wasn't in writing.

Statutory annual leave for a full time worker is 5.6 weeks, or 28 days.

Was this a transfer covered by TUPE?

I mean the contract that is not written seems more like a contract between me and the UK government who if need be enforces the statutory terms. In total there is about 5 employees and another 5 contractors.
I have not heard anything about TUPE being mentioned at any stage.
The EMI share options have been paid to shareholders in USD (but the buyer has an office in UK).
I don't know if these options correspond with the actual company shares in any way.

Emmia

JohnBravo said:

Marcon said:

JohnBravo said:

Hi All,

I hope you are well.
The company I work for has been acquired and as I write this a handful of employees are being on-boarded to the new company including myself.
From the HR department of a parent/new company I heard that the employees will be interviewed 1-on-1 by some external consultant(s) they hire to negotiate the new terms.

At the old place I was employed without a contract so as I heard from others the statutory terms apply e.g. 20 days of holiday.
My old boss has apparently declared/pre-negotiated? that we have 25 days off annually but how realistic this is I don't know. I think the new employer could easily verify that by asking for the existing contract if this figure is indeed based on that.

I wanted to ask anybody who had gone through a similar process so I can get prepared rather than not. I also think about asking for a pay raise. I think it's a good opportunity to do that rather than after I agree to the new terms.

Please advise.
Thank you

You had a contract; it just wasn't in writing.

Statutory annual leave for a full time worker is 5.6 weeks, or 28 days.

Was this a transfer covered by TUPE?

I mean the contract that is not written seems more like a contract between me and the UK government who if need be enforces the statutory terms. In total there is about 5 employees and another 5 contractors.
I have not heard anything about TUPE being mentioned at any stage.
The EMI share options have been paid to shareholders in USD (but the buyer has an office in UK).
I don't know if these options correspond with the actual company shares in any way.

A contract between you and the government for employment would make you a civil servant, which you're not. I think CS all start on 25days AL + Bank Holidays 

You'd use the courts and tribunals service to enforce your rights, but that's not an employment contract either

p00hsticks

JohnBravo said:

Marcon said:

JohnBravo said:

Hi All,

I hope you are well.
The company I work for has been acquired and as I write this a handful of employees are being on-boarded to the new company including myself.
From the HR department of a parent/new company I heard that the employees will be interviewed 1-on-1 by some external consultant(s) they hire to negotiate the new terms.

At the old place I was employed without a contract so as I heard from others the statutory terms apply e.g. 20 days of holiday.
My old boss has apparently declared/pre-negotiated? that we have 25 days off annually but how realistic this is I don't know. I think the new employer could easily verify that by asking for the existing contract if this figure is indeed based on that.

I wanted to ask anybody who had gone through a similar process so I can get prepared rather than not. I also think about asking for a pay raise. I think it's a good opportunity to do that rather than after I agree to the new terms.

Please advise.
Thank you

You had a contract; it just wasn't in writing.

Statutory annual leave for a full time worker is 5.6 weeks, or 28 days.

Was this a transfer covered by TUPE?

I have not heard anything about TUPE being mentioned at any stage.

No, TUPE won't apply if it is a case of one company actually buying the other, rather than just taking over its business 

As Marcon says, there IS a contract between you and your employer, it's just not written down. 
The conditions are evidenced by what actually happens (you turn up for work on x days a week for y hours, and in return your employer pays you £z. 

The government has set some minimum legal employment standards to protect employees,  with limits on on how many hours you can work at a time without a break, how many hours a week you work , the minimum you can get paid and how much holiday you get etc etc

If there is no other info to contradict it in your actual working practice then these statutory rules are what people will take to apply. 

Undervalued

EnPointe said:

Marcon said:

JohnBravo said:

Hi All,

I hope you are well.
The company I work for has been acquired and as I write this a handful of employees are being on-boarded to the new company including myself.
From the HR department of a parent/new company I heard that the employees will be interviewed 1-on-1 by some external consultant(s) they hire to negotiate the new terms.

At the old place I was employed without a contract so as I heard from others the statutory terms apply e.g. 20 days of holiday.
My old boss has apparently declared/pre-negotiated? that we have 25 days off annually but how realistic this is I don't know. I think the new employer could easily verify that by asking for the existing contract if this figure is indeed based on that.

I wanted to ask anybody who had gone through a similar process so I can get prepared rather than not. I also think about asking for a pay raise. I think it's a good opportunity to do that rather than after I agree to the new terms.

Please advise.
Thank you

You had a contract; it just wasn't in writing.

Statutory annual leave for a full time worker is 5.6 weeks, or 28 days.

Was this a transfer covered by TUPE?

20 holiday   + 8 public holidays   leave  is where the 5.6  weeks comes from 

It may be "where it comes from" and that is certainly how it works out in practice for many people but there is no legal entitlement to public holidays, not even Christmas Day. The entitlement, for a full time employee, is simply 5.6 weeks (28 days) paid holiday per year to be taken when the employer chooses.

Undervalued

JohnBravo said:

Marcon said:

JohnBravo said:

Hi All,

I hope you are well.
The company I work for has been acquired and as I write this a handful of employees are being on-boarded to the new company including myself.
From the HR department of a parent/new company I heard that the employees will be interviewed 1-on-1 by some external consultant(s) they hire to negotiate the new terms.

At the old place I was employed without a contract so as I heard from others the statutory terms apply e.g. 20 days of holiday.
My old boss has apparently declared/pre-negotiated? that we have 25 days off annually but how realistic this is I don't know. I think the new employer could easily verify that by asking for the existing contract if this figure is indeed based on that.

I wanted to ask anybody who had gone through a similar process so I can get prepared rather than not. I also think about asking for a pay raise. I think it's a good opportunity to do that rather than after I agree to the new terms.

Please advise.
Thank you

You had a contract; it just wasn't in writing.

Statutory annual leave for a full time worker is 5.6 weeks, or 28 days.

Was this a transfer covered by TUPE?

I mean the contract that is not written seems more like a contract between me and the UK government who if need be enforces the statutory terms. In total there is about 5 employees and another 5 contractors.
I have not heard anything about TUPE being mentioned at any stage.
The EMI share options have been paid to shareholders in USD (but the buyer has an office in UK).
I don't know if these options correspond with the actual company shares in any way.

No.

In law a contract simply requires offer and acceptance. The employer offered you the job on certain terms, which doesn't have to be in writing, which you accepted (again doesn't have to be in writing) for a consideration (i.e you get paid).

There are certain legal minimum employment rights which cannot be reduced even if you and the employer both agreed.

Marcon

EnPointe said:

Marcon said:

JohnBravo said:

Hi All,

I hope you are well.
The company I work for has been acquired and as I write this a handful of employees are being on-boarded to the new company including myself.
From the HR department of a parent/new company I heard that the employees will be interviewed 1-on-1 by some external consultant(s) they hire to negotiate the new terms.

At the old place I was employed without a contract so as I heard from others the statutory terms apply e.g. 20 days of holiday.
My old boss has apparently declared/pre-negotiated? that we have 25 days off annually but how realistic this is I don't know. I think the new employer could easily verify that by asking for the existing contract if this figure is indeed based on that.

I wanted to ask anybody who had gone through a similar process so I can get prepared rather than not. I also think about asking for a pay raise. I think it's a good opportunity to do that rather than after I agree to the new terms.

Please advise.
Thank you

You had a contract; it just wasn't in writing.

Statutory annual leave for a full time worker is 5.6 weeks, or 28 days.

Was this a transfer covered by TUPE?

20 holiday   + 8 public holidays   leave  is where the 5.6  weeks comes from 

No, it comes from statute! See https://www.gov.uk/holiday-entitlement-rights

JohnBravo

Thanks everyone for your input.
Ok, I understand now it is 5.6 weeks + bank holidays (20+8).
The employer has declared 25 so I don't know if this makes it 25+8 (33) or 17+8 (25).

In my case it boils down to a lot of unused and in the end unpaid holiday over the years. I think it is over 70 days in total that I have not used. You know a small business, no substitutes and workaholic superiors who use even less holiday what sets an example but I think it's a bad example, an abuse.
You think it's professionalism but it's just ADHD/OCD talking. I think profit incentive and profits is just an outcome of the personality disorder.
In the end there is a profound difference between working for a company and working in a company.

Marcon

JohnBravo said:

Thanks everyone for your input.
Ok, I understand now it is 5.6 weeks + bank holidays (20+8).
The employer has declared 25 so I don't know if this makes it 25+8 (33) or 17+8 (25).

In my case it boils down to a lot of unused and in the end unpaid holiday over the years. I think it is over 70 days in total that I have not used. You know a small business, no substitutes and workaholic superiors who use even less holiday what sets an example but I think it's a bad example, an abuse.
You think it's professionalism but it's just ADHD/OCD talking. I think profit incentive and profits is just an outcome of the personality disorder.
In the end there is a profound difference between working for a company and working in a company.

Nothing professional about it, although it's easy to fall into the habit...but why let yourself fall into the same trap? Ultimately you're the one letting it happen.