UHF

Ok, here is the situation which some of you legal type people might be able to answer, if not does anyone know who can deal with this kind of thing.

I've worked for the same company for 3 and a half years, I have an employment contract between this company and myself.

Last month they went bust and bought back all the assets and took over the building lease and basically have started operating again without any noticeable change to staff as a new company.

They've updated all the headed paper etc etc.

I want to leave, question is, do I have to give the months notice which is detailed in my original contract or is it now void as I work for the new company, in which case as i've been there just a month since it started I can give a weeks notice and go?

Conversely does this also mean the remaining staff can be dismissed without a months notice?

john_s

iTrader: (1)

At the moment, you have no contract of employment - you should ask for one from the new company. However, it could be inferred that your terms and conditions of employment with the new company will be the same as it was with the old company - this becomes increasingly likely the longer you stay there.

If I were you, I'd argue that as you have no contract, you can leave at just one week's notice.

And yes, I'd say it does mean that staff could be dismissed with only a week's notice. Although if that happened and I was one of the staff, I'd argue that the TUPE regs were in effect and that the new company picked up the responsibilities, such as length of service, etc, that the old company had.

Hope that helps... I'm not a legal bod, but that's how I read it.

John.

UHF

Yeah, it reads right doesnt it, I think this is the situation too, i'll consult some legal guys before I walk in and give a weeks notice as one of the reasons i'm leaving is because the guy i work for who owns the company is a peice of work and if he has even a tiny thing against me we'll end up in court over his loss of business or something equally as silly if I give a week.