What to do? settle or go legal

2

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  • p00hsticks
    p00hsticks Posts: 12,761 Forumite
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    edited 16 January 2019 at 3:33PM
    Skanbuzz wrote: »
    it is very silly that the Company act do not define this clearly and let all these employer get away with it.


    Get away with what though ?

    Either you (or Aman) continue as an employee of company A (which now belongs to company B) under the same employment contract as you always have been, or your transfer over to company B via TUPE, which ensures that your T&Cs remain the same at the point of transfer - as I see it, there is the same (lack of) impact on the employee either way.


    Of ocurse, if there is then a company restructure for technical, economic or organisational reasons the emplyee may find they are facing redundancy or changes to those T&Cs, but this could happen whether there is a takeover or not.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
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    What you think will change if you get Tupe to apply.

    Focus on the redundancy
  • Skanbuzz
    Skanbuzz Posts: 13 Forumite
    Would Aman get compensation now that he is made redundant because the employer(old or new) breach and did not consulted Aman first.
  • Skanbuzz
    Skanbuzz Posts: 13 Forumite
    item (3) is a legal situation that the employer Breach in Contract, what is the redress? since employer had already banked [aid PILON and Aman taxed. If it is a breach in contract then the employer can only settle by financial compensation and compensation should not be taxed. - is that right?
    If employer did not carry out TUPE consultation and now Breach of Contract, how is this affected Aman or will Aman be compensated under what? unfair dismissal?
  • getmore4less
    getmore4less Posts: 46,882 Forumite
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    I did not pick up on this before but to clarify a couple of points.
    Skanbuzz wrote: »
    Quote from ACAS:
    Business transfers
    This is where a business or part of a business moves from one employer to another. This can include mergers where 2 companies close and combine to form a new one.

    The identity of the employer must change, to be protected under TUPE during a business transfer.

    If company A directors have all announce that they are "cessation as a person of significant interest. and
    Company B staff are now directors in company A & one of them is a person of significant interest in the company A
    and
    at the end of December 2018, company A change its name to company B

    If company A still exists as a legal entity just with a new name then there has been no change of employer.

    Would you consider company B is the NEW Employer and Company A is the Old Employer?

    Also if Company B website stated that they acquired Company A

    Is that a New Employer now?

    If there is a change of employer, then



    did the employers breach the TUPE for not consulting the employee and now Aman is made redundant?

    You need to go back to the legal docs and see if there has been any change of entity that employs the people.

    It is quite possible if the redundancy(26/11/18) happened before the legal entity that was the employer changed(maybe end of December 2018)

    What has been filed at companies house?
  • Skanbuzz
    Skanbuzz Posts: 13 Forumite
    In company House in December they filed: "Certificate of incorporation of change on name", The registrar of company of England & Wales hereby certifies under the Company Act 2006 Company A a company incorporated as private limited by shares, having its registered office in England and Wales has changed its name to Company B on... date

    Not to forget that
    the company A directors had cessation of significant control back in May
    and one of Company B person (already appointed as a director into Company A in May also filed Notification that he is a person of signification control
    I do not quite understand your comments
    You need to go back to the legal docs and see if there has been any change of entity that employs the people.

    It is quite possible if the redundancy(26/11/18) happened before the legal entity that was the employer changed(maybe end of December 2018)
    Hope the above helps
  • getmore4less
    getmore4less Posts: 46,882 Forumite
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    Forget the directors/shareholders they are not the employer.

    Looks to me they have just changed the name, the legal entity is still the same company.
  • Skanbuzz
    Skanbuzz Posts: 13 Forumite
    How do you determine that there is a New Employer?
  • p00hsticks
    p00hsticks Posts: 12,761 Forumite
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    Skanbuzz wrote: »
    How do you determine that there is a New Employer?

    I don;t understand why you (Aman?) are so fixated on this point - we seem to be going round in circles and it is really not achieving anything.

    If you are not happy with what has happened, concentrate on the reasons for redundancy and if any reasonable alternatives were ignored.

    Whether it is a new empleyer or not or if TUPE applies or not is irrelevant.
  • Skanbuzz
    Skanbuzz Posts: 13 Forumite
    Thanks, just seeking clarification on that point.
This discussion has been closed.
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