TUPE
11 December 2003, 05:01 PM
#5
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11 December 2003, 05:18 PM
#8
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My old company went **** up... got taken over by current company - no contract from them but p45 from old employer..
Where do i stand?
Where do i stand?
11 December 2003, 05:21 PM
#9
was you tupe'd over and specifically told? how comes you had no contract to sign? not sure on the HR side of that, i could find out 2moro for you, the bloke i would ask, has just this minute left the office - typical. 
11 December 2003, 05:24 PM
#11
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Richard,
Unfortunately If you were made redundant, I don't believe TUPE legislation applies to you.
Your new employer has discretion over the terms of the new contract of employment.
Regards,
Alex
Unfortunately If you were made redundant, I don't believe TUPE legislation applies to you.
Your new employer has discretion over the terms of the new contract of employment.
Regards,
Alex
11 December 2003, 05:25 PM
#12
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could also try a search for Transfer of Undertakings (Protection of Employment) regulations 1981
not that this helps (right now) - but it's a consultation on possible changes...
http://www.dti.gov.uk/er/tupe/consult.htm
not that this helps (right now) - but it's a consultation on possible changes...
http://www.dti.gov.uk/er/tupe/consult.htm
11 December 2003, 05:26 PM
#14
SS23, ah ha it would seem not. I've been here 5 years next Feb,only with CGEY 2years out of that, im in with the in crowd, get favours. 
Plus access to the websweepers. Always helps.
Plus access to the websweepers. Always helps.
11 December 2003, 05:30 PM
#17
TUPE'd to who Rich ? I dont think i got my first contract till 5 months down the line, the HR were really **** about it all. If they TUPE'd everyone surely that would of included you, so a P45 from the old company shouldnt mean 5hite, apart from the left hand dont talk to the right hand.
12 December 2003, 10:50 AM
#18
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AFAICR you cannot be made redundant to deliberately avoid TUPE responsibilities. I would say that TUPE probably applies in Richard's case. The good (or bad 
) thing is that no-one really understands what the **** tupe is supposed to mean and how it's supposed to work. it's some crazy eurocratic thing that can be interpreted in millions of different ways. should be in with a shout, in any case.
) thing is that no-one really understands what the **** tupe is supposed to mean and how it's supposed to work. it's some crazy eurocratic thing that can be interpreted in millions of different ways. should be in with a shout, in any case.
12 December 2003, 11:12 AM
#19
I had a quick chat with the HR bloke i know, basically the P45 you should pass on to the HR of the new company that you are at, i presume you are still employed with the new company that TUPE'd you. ? The contract follows from original employer under the TUPE rules. You also dont ever have to sign the T&C's of the new company ever. Hope this of help.
12 December 2003, 11:29 AM
#20
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Guys,
If newco "aquires" the whole or substantially the whole of the assets or business of old co, newco has to assume your existing contract of employment.
This can subsequently be changed by mutual consent, but if new co tries to unilaterally force contractual changes that can amount to constructive dismissal.
P45's would normally be issued to ensure your new employer has the correct pay and tax details, and also because old co has an effective PAYE year end upon cessation/transfer.
HTH
D
If newco "aquires" the whole or substantially the whole of the assets or business of old co, newco has to assume your existing contract of employment.
This can subsequently be changed by mutual consent, but if new co tries to unilaterally force contractual changes that can amount to constructive dismissal.
P45's would normally be issued to ensure your new employer has the correct pay and tax details, and also because old co has an effective PAYE year end upon cessation/transfer.
HTH
D
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