Company taken over but no contract from the new one

edited 24 October 2013 at 3:46AM in Redundancy & Redundancy Planning
7 replies 1.5K views
shireknightshireknight Forumite
187 Posts
edited 24 October 2013 at 3:46AM in Redundancy & Redundancy Planning
Hi,

The company I used to work for was taken over by a larger company some 18 months ago and the new one still hasn't given me a contract of employment yet.

I reminded them that I didn't have a contract not long after they took us over but they didn't seem to really care if I had one or not and in fact no-one else from my old company has been given one either.

The company is definitely legitimate and I get proper wage slips etc and I've even checked with the tax man just to make sure and yep everything is above board.

I am relatively happy in my job and there are no indications that the company are thinking of sacking me or anything I'm just curious as to wherever I need one or not really.

Between the two companies I will have been employed by them for seven years now unfortunately I can't find my contract from my original company which doesn't help.

Are contracts of employment just old fashioned concepts nowdays and not really needed anymore so I don't need to worry?

Sorry I posted this in the wrong section :-(

Replies

  • Andy_LAndy_L Forumite
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    If the company was taken over then it is highly likely that TUPE applies (Transfer of Undertakings & Protection of Employment) in which case you have transferred on the same T&Cs as you had & thus the new contract is the same as the old contract with, importantly, continuity of service ie you have 7 years service with the new company in the event of redundancy

    "Are contracts of employment just old fashioned concepts nowdays"

    Big companies often don't have an individual contract but have a staff handbook which details stuff like overtime/holiday/sick pay etc
  • You should definitely get a contract before getting on to anything.
    .
  • p00hsticksp00hsticks Forumite
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    Andy_L wrote: »
    If the company was taken over then it is highly likely that TUPE applies (Transfer of Undertakings & Protection of Employment) in which case you have transferred on the same T&Cs as you had & thus the new contract is the same as the old contract with, importantly, continuity of service ie you have 7 years service with the new company in the event of redundancy

    "Are contracts of employment just old fashioned concepts nowdays"

    Big companies often don't have an individual contract but have a staff handbook which details stuff like overtime/holiday/sick pay etc


    I think whether or not TUPE applies depends on the exact manner of the takeover - but even if it doesn't then your contract still remains the same as you are effectively still employed by the same company, it simply has different owners.
  • earthstormearthstorm
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    Andy_L wrote: »
    If the company was taken over then it is highly likely that TUPE applies
    This is not always the case. My SIL was working for a company that was taken over and they were all given new contracts. these days more companies are not applying TUPE in the fear if they go under then will end up paying redundancies on long term employees from the company they took over.
  • p00hsticksp00hsticks Forumite
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    earthstorm wrote: »
    This is not always the case. My SIL was working for a company that was taken over and they were all given new contracts. these days more companies are not applying TUPE in the fear if they go under then will end up paying redundancies on long term employees from the company they took over.

    Aas I stated in my previous post, when one company takes over another ,then TUPE may or may not apply (I can't remember the exact details, but it depends on exactly how the takeover of the company is achieved). TUPE is more for when work and empoyees are outsourced from one company to another.

    I'm no employment expert, and I may be wrong as I know workers rights are being eroded left right and centre, but as far as I'm aware if one company takes over another, regardless of whether TUPE applies, the employer cannot simply rip up your existing contract and and give you a new one (at least not without making you redundant in the interim).
  • earthstormearthstorm
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    p00hsticks wrote: »
    the employer cannot simply rip up your existing contract and and give you a new one (at least not without making you redundant in the interim).

    how they do it is slightly change the company name and then get the employees to reapply for their jobs, so once they reapply and then get accepted they are effectively setting up a new employment contract with the new company.
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