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  1. I got my p45 from old employee company on 31st of july and new company took over on 1st august at the same work place but the new company never asked for p45 I did have a sheet that asked about hmrc if I got another job which I ticked but im after finding out as Ive been transferred will I get taxed due to not giving them p45 which I wasn't asked to give and theres other staff that wasn't told either
  2. Hi All I am about to be TUPE'd from a private company to the NHS. I don't have a problem with this but my main concern is that as part of my current contract I have a company car as i travel between sites. No one seems to be able to tell me what will happen regarding this as I cannot afford to buy my own car and I cannot get a loan as I am in my final year of an IVA. I know the NHS don't have their own cars, but they do run a salary sacrifice scheme. Would I be provided with one under this? I live over 50 miles away from work, so getting into work on public transport is not an option. I've asked the question to several people, but no one can help me. Does anyone have any idea about this? Thanks Leese
  3. We learned yesterday that our entire catering team are to be made redundant as the contract we are working under has been terminated. But we also know that the new building owner has every intention of providing catering when they take over in a few months! This cannot be fair and surely that is what the TUPE regulations are designed for - does anyone have any advice?
  4. Hello all and thank you for taking the time to read this. I am going to try break this down so that I do not end up writing too much... I currently work as part of a team within a charity which has been "acquired" in February, about 3 months ago now by another similar charity. Our team is on a contract that the original charity won and now we have TUPE'd over to the new charity on acquisition. Now this is where things start to get a little weird. We knew that the charity taking over also had a team in their area with the same or similar contract, with the same job titles and targets as us but are on different terms of contract from us. The two main ones being they have a better pay scale (by roughly £1,500 more) and have 28 days holiday excluding bank holidays whereas we only get 20 days holiday excluding bank holidays. I understand that under TUPE our contracts are protected, but of course, for us, this means we are on worse contracts than our counterparts in the new acquisition. We were told during our TUPE meetings that in the first 3 months, they would be looking to harmonise both charities, but so far there has been no word about this just over 3 months along. Recently one of our colleagues has handed in his notice and since left the charity. They have just put out an advert to fill the position and seen that although they will be given the same pay (on the lower end), they will be giving them the extra holiday entitlement, 28 days excluding bank holidays. To me this seems morally wrong and extremely worrying, I enjoy my job greatly and I hope I do not come across as a greedy employee, but I am feeling very demotivated, can anyone give advice or tell me if there is anything that can be done in this situation or do I just need to sit back and watch new staff come in on better terms and just deal with it? Many thanks in advance.
  5. Hi some urgent information needed on Tupe Law. A friend of mine has been working via Tupe regulations for a number of years as she works for employment training / provider services the nature of which is that the services bid and the best bid wins resulting in staff then being Tupe'd over as I'm sure most of you guys and girls will know how it works. Anyway my friends company recently lost the new contract and untill today was being told they where all being tupe over to the new service so obviously along with others did not see the need to look for new employment. However today she has been told that she along with a number of other staff are surplus to requirements and as such is being made redundant. As I see it it is a transfere of business. The new company have cherry picked current staff for TUPE showing liability and as such the 2006 regulations apply, also by cherry picking they have acted discriminatory towards staff. Her current employers have told them however that when the contract finishes on the 5th March 2015 to go to the new providers on the 6th March 2015 and if they are then turned away they can go for unfair dismissal under the Tupe Law. Is this correct and how does that work???? Cheers Bill
  6. I could do with some advise on TUPE please. Luckily, I know a little, as I've had to deal with TUPE on 2 occasions within the last 7 years, but the current situation has thrown up a situation (or two) that I'm not sure about, so some clarification would be wonderful. I'll try to keep it as brief as possible, and answer further questions if and when necessary. My OH works in a public house, which is owned by a relatively large retail company, although this is the only pub they own. He's worked there for almost 3 years, although on a part time basis (full time work being difficult to find in the current climate). Approximately 12 weeks ago, the pub was put on the market to lease, and shortly after, the manager resigned. Following his resignation, my OH met with the owner, who agreed that OH would take over as full time manager. All the intimations were that this was a permanent position, and leasing it out wasn't what they really wanted. There were several meetings, all which had the same context, and we made plans and arrangements accordingly. Last week, we found out, via the internet, that the business was 'sold'. The owner had gone back on his word. The new 'owners' will not want OH, as they want to operate the business themselves. Yesterday, we were unofficially told that the existing owner is goingto find alternative employment for the existing staff, which we assume will be in the retail sector. OH has no experience in this sector at all. To top it off, OH has never been provided with any written employment contract or statement of particulars, which makes the situation more complex. As far as I can see, as the business is being transferred, OH's job also transfers, but if the existing owner finds what he believes is alternative employment, how does that affect OH? We are 100% certain that if his job transfers, the new operators will just get rid of him. I've yet to find a publican that abides fully by employment law! Similarly, although he's worked part time for 3 years, he has been working full time since the beginning of this year, which given that he was essentially given a job, which was then taken away again, I feel should be relevant. The point that is confusing and worrying me, is the 'alternative employment' bit. I honestly don't know how this affects the situation, so would be grateful for any advice. Thanking you in advance.
  7. Hi, I have a friend that worked for Company A since 2006. In 2008, Company A TUPE'd him to Company B. Company B was at the time being acquired by Company C. That acquisition completed in May 2010 and as it was covered under TUPE, my friend's length of service was acknowledged as starting in 2006. (8 yars of service) In 2014, Company C announced a Voluntary reducdancy scheme to which he enquired. the response from HR was that he would be entitled to 6 weeks per year worked if he applied. He duly enrolled in the VR scheme. A month later, HR informed him, they made a mistake and becuase he was TUPE'd from Company B, he was only entitled to 5 weeks per year. As he has not signed anything, he is in a position to withdraw his VR application. However, this sounds like a case of discrimination (Company C pays employees 6 weeks per year, however if you worked for Company B, you are only entitled to 5 weeks) Is this discrimination ? Thanks.....
  8. Hi Guys, after some advise, my company has just lost a major contractor to another service provider, I am 100% aligned with that contract... as the contract manager, I am being told that the new company have just employed a new contractor manager to do my job.... they haven't even met me yet, I'm not sure they have even received all the details from HR. there would be no work at my existing employer, so this could and probably will make me redundant, surely this warrants constructive dismissal, any advise would be massively appreciated. thanks in advance.
  9. Hi all, I am looking a little bit of advice once again, so I hope someone can point me in the right direction. I have been on Long Term Sick Leave for nearly 2 and half years now. I have recently found out that the comapny I work for, has lost the contract that I would have been working on, and the work is transferring to another part of the UK. My employer wants to offer me another position, albeit temporary for now, until a permanent position becomes available. The thing is, I will not be able to ever take up this post due to my ongoing illness and treatments, and I only recently sent in another sick line to work for another 6 months. Obviously if i do not take the position offered I understand that my contract will transfer to the new company. With my continuing illness, it is highly unlikely that I will be returning to work at any time in the near future. So my question is this, should I allow my contract to transfer and then accept redundancy if it is offered. Many thanks in advance.
  10. Perhaps Emmzzi can shed some light on a question I've had for a while on TUPE. In the rail industry, tends of thousands of employees are TUPEd over every few years as franchises are lost and won by the different companies. A lot of staff leave and join other Train Operating Companies (TOCs), sometimes to seek better working conditions, sometimes because they are effectively forced out, or sometimes just blatantly dismissed. Occasionally the "area/station boundaries" of each TOC are re-drawn by the government. This may get a bit complicated so I'll paint a fictitious example: January 2013 - A ticket office employee is employed by Green Trains at Birmingham Station May 2014 - The ticket office employee above is dismissed for gross misconduct. June 2014 - That ticket office employee finds another job quickly and is now employed further down the road with Red Rail at Wolverhampton Station and is an excellent employee. March 2015 - The government decides to redraw the railway franchise boundaries, and Green Trains will now run Wolverhampton station too, with all staff at Wolverhampton TUPE'd over from Red Rail to Green Trains. This means that the ticket office employee who was sacked from Green Trains would now be working for Green Trains again, despite previously being dismissed. Is Green Trains legally obliged to retain the employee because of TUPE legislation? Does their HR File from their original employment with Green Trains become active again or should they be given a clean slate and treated as new? Purely theoretical post, but I imagine this happens occasionally.
  11. My company has merged with another who get paid more generally ten we do. Word is they are not putting our salaries up in line with theirs. How does that affect Sex Discrimination Act where the different sexes must get equal pay if doing the same job? Appreciate any replies and thank you.
  12. Hi all, Would any one have any thoughts on my situation? I work as a night shift cleaner for a large Catering / Cleaning company. We have know for about 7 months that we were up for retender. Tender was lost few months back and it went to a rival. The new employer turned up last week to show their plans off for the new contract. The current staff set up is 3 Night shift and 1 day time Janitor. Our supervisor retires next month just leaving 2 night shift. All the catering staff and day time Janitor are going to tupe over as a like for like with some getting enhanced contract, New job positions and more holidays etc. Our new employer to be has confirmed that there will be no night shift and that the cleaning is to be done by 14 part time staff in the evening along with a new Supervisor. They said they will be cutting our contract hours by 5 per week and gave us some idea that we will be working possibly a back shift??? They have also said as the client is moving to a new building it is a blank canvas and that everything that will be happening to us will be covered by ETO. I have been with current employer ( no break in employment ) for 26 months but only that particular site for 10 months. Were would I stand for hour reduction and not signing new contract? I cant afford to lose £2400 off a £16.500 yearly wage before tax. I don't earn a great wage so any reduction will have an massive impact on life. New to be employer has said that they will be paying in arrears and we will have to work a month for 2 weeks pay and will get a full wage after 8 weeks. They said we can borrow from them to tide ourselves over during that time and will take it back when we leave. My current position doesn't exist so could I get a redundancy rather than transfer? Currently hours and loss of money is leaving worse off after tupe.
  13. Good Afternoon CAG. Whilst our current situation is complicated and tediously long, i'm going to try and stick to the basics, and hope that someone out there can advise me on what to do next. Very long story short. Partner and brother both work for same employers, which up until spring of 2013 had an equal 50/50 share in a company (boss B bought half the business in 2008). Boss B, bought out Boss A with a regular transfer of undertakings. With all of the rules and rights that go along with TUPE. Boss A, confirmed this to me last night, and is going to help us out with a solicitor if it comes to that (there's a long back story here which i'll get into if necessary) Boss B already has another company, doing the same work, with a different name and premises and more staff. Employees were all told that continuation of employment would carry over, as well as their T&Cs and contracts etc, and everything would remain as it were (bar a change in logo on the overalls) The business was left sound, no insolvency, bad credit etc, and no redundancies were necessary. Everything started off ok, they stayed at the old premises a few months, moving equipment things over to the new bigger premises etc, and finally moved to new location about 3 weeks ago. My partner was given a sheet with a choice of flexible hours on (he's always been allowed those) and he chose them, and seeing as they moved premises, they were all told (3 of them) they could figure out between them how it would work best for them, as 2 of them have no transport (was never needed before) and my partner picks them up, and takes them home, which is out of his way, and out of his pocket, but nonetheless, it all seemed to be ok, despite much pessimism over what will happen with the new boss due to events widely publicised over the past 3 years, some of which are on this forum. Must mention, my partner has worked the for 20 years, with an 18 month break in 2003, he went back because he loved his job and they'd always been on good terms, so 9 years of continuance, and my brother has been there for 5. Over the past couple of weeks, things have changed, when leaving work one day at 4.00 (already 1/2 hour over time) they were stopped at the gate and not allowed to leave, called into the office, where the PA basically told them "No, you work 8-6 here, and don't forget, all we have to do is OFFER you a job, we don't have to do anything else for you." Cue lot's of confusion. So, after a couple of weeks lying low, and seeing what comes next, they were told yesterday (monday) that on friday, they'll not be paid, and that salary is now monthly, and they'll get it on the 31st. This is out of the blue, they have always been paid weekly, and stressed that they all live week to week, and can't possibly be expected to accept this with 3 days notice. They've been told that if they are desparate for money in the meantime, they can ask for a discretionary advance, but they want to know what it's for. (excuse me?) As well as this, they were all given envelopes with "job offers" inside. They already have jobs, they weren't made redundant, laid off, and haven't had a single day off since any of this started. What is basically happening, is that they're hoping they will accept these offers, which will start their employment from scratch, thus losing all of their rights etc, and not even realise what's happening...which to be honest, they probably would have, because they've gone from 20 years working for a man who was a friend, with 5-6 people, to a millionaire with 180 staff, who is well known for his questionable business practices. It's a big change. I had a lengthly talk with Boss A last night, who confirmed that he left with the provision that everyone would be ok, and that nobody would lose out, and he will back us up with this, and has all relevant contracts and documentation if we need it. I would like to not involve him in this if possible, as he's fighting a court battle of his own with boss B, and I don't want to overcomplicate things more than they already are. So, my questions are: Is their continuance of service still valid under TUPE, as well as the contracts that they had? If not, then shouldn't they have been given redundancy? Can they tell them out of the blue that they have to wait 3 weeks without being paid, despite this being another thing against the contract? Can they deny their requests for flexible hours, (we have young children) even though this was previously verbally agreed and encouraged by the manager, not to mention in the contract. Can they dismiss them with only 1 weeks notice? (as outlined in the 'job offer') There's a lot of back story surrounding this particular company, and as I stated above, issues have been highlighted on this forum, as well as other publications etc. I won't name them, because I am certain there will be consequences. (this lesson was learned the hard way) but I believe a moderator called 'Conniff' was involved in some of those threads, although they were mainly customer grievances. They aren't in a union, and i'm guessing at this stage, it'd be pointless to join one for this particular matter. Any advice is greatly appreciated, and i'll answer any questions or give more details if it helps. Thank you.
  14. the company i worked for was taken over under tupe about 18 months ago by another company in the same line of business. there were 12 of us tuped across and since we have moved there has always been a difference in pay. we have always been on a lower hourly rate than the employees already at the company. during recent pay talks we were all offered the same percentage rise but that would have just taken the original employees even further ahead in wages. after a bit of negotiating the transferred employees did get a larger percentage increase but not enough to bring us level. we all do exactly the same job, same job title and same work and are all male. is there some kind of time scale that they can keep our wages different or can they basically just pay us whatever they want.
  15. Hello, I am a first time user of the site and I have been looking for answers to my problem. If you do read this thread I thank you in advance for taking time to do so. I also apologise as my spelling and grammer isn't the best and my memory on specific words and probably important information is hazy at best. My situation at the moment is: - I currently work for company ABC as a Driver / LBO (Loading Bay Operative), I work a constant night shift and have done so since starting in February 2007. Our work consists of collecting, sorting and delivering internal mail for a large customer. Although not hard the job is basically one that takes time to master, knowing what goes where.....etc (if they could train monkeys to read we'd be redundant by now!) The work is based over two shifts - back shift 15:30 - 00:00 and night shift 00:00 - 08:30. The staff are one supervisor on the back shift with two LBO's and on night shift we have three LBO's (two of which are LBO/Drivers - of which I am one). On May 31st we where called into a meeting at midnight (start of our shift - end of back shifts) to say that the company are following a model set out over the country (ABC is an Internationally recognised company) and the internal mail was being outsourced to company XXX. Our contracts where to be TUPE'd over although they didn't need all the staff to go over. As a result the way the operation was to be run was 1 supervisor (15:30 - 00:00) and 1 LBO (16:00 - 22:00) on back shift and one LBO (03:00 - 09:00) and one LBO/Driver (03:00 - 11:00 - 30 min break unpaid); basically reducing the staff by two and the other jobs having hours cut. The way the work was going meant a change like this was inevitable although I still think personally the new structure may not work due to the nature of the work and the lack of employees to cover sickness and holidays etc. Our leaflet that the powers that be read to us stated that ABC would offer alternative vacencies to all staff who didn't wish to change over. The changeover was going to take place on June 29th (today!) The following Tuesday we where asked if we had any ideas for what we wished to do. I stated quite clearly that I needed night-shift due to family issues (childcare, partners work, etc) and 3am til 11am really didn't suit as it would cost me 1 hour childcare a day plus a reduction in five hours of my pay made it financially not really an option. Both my collegues stated that they did not wish to TUPE over either only because they didn't want to work for company XXX (who I may add are in charge of the self-employed drivers who cover the various deliveries) The back-shift have it worked out at this stage, all parties are happy to make the change. Only two vacencies for comapny ABC, however after a bit of change they work out they have three - one back-shift and two night-shift (02-00 - 09:30) however due to a process they do have to interview for the vacancies. Cue massive hold up for three weeks............... ..............................during the three weeks the due diligence is taking place, there is disasters over sending our contracts for the solicitors to look through, loads of excuses and a delay in the transfer until July 13th. During the past week, after repeatedly being told not to worry, it'll be ok, we have our interviews - Thursday, as I say it seems quite informal I'm relaxed and happy to answer the questions put to me. The people interviewing are taking phone-calls during the interview and twice the room is interupted by people coming in. I was first in, my collegues went after. Thursday I am offered a back-shift, impossible for me to do and my two collegues get the night-shifts (although both stated they could, if needed, do back-shiftfs). This leaves me pretty ***ked (apologies) but I think my best alternative at the moment is to take the transfer. However the company XXX are pretty small time - two knucklehead owners - who I don't think have any nous or reasoning in them for me to explain my situatuion. But basically I can say it here I want out and am doing my best to find alternative employment. Although we still have not heard from them I've heard that XXX are looking to pay around £7.00 an hour (standard for this type of work I know) but I am paid £10.79 an hour currently and don't know where I stand due to the complexities of the situation. My contract DOES NOT state any hours of employment. I have asked for a copy of my contract too which has not arrived either. So I am basically resigning from ABC if I refuse the job on back-shift???? I hope I've covered enough to give you some idea of my predicament, I thank you again if you've made it this far. If I need to supply any further info or anything for someone to assist me let me know. Regards and thanks, BriR
  16. Found out today that the bus route I drive is going to another company in 30 days time. The drivers on the route are being TUPE'd to the new company. The rest day pattern that I am on gives me thurs/fri/sat/sun off every 4 weeks. I have 4 long weekends booked as holiday, do the new company have to honour these?
  17. Sorry - relocated post to proper forum, my bad feel free to delete this. http://www.consumeractiongroup.co.uk/forum/showthread.php?392096
  18. Hi all I'm new to posting on here, it will probably be quite a lengthy post too so apologies in advance, and if you do read it all, thank you for your time. I'm looking for a bit of advice on what to do next or who to speak to or any info you think may be of help. My old company lost the lease on our office and were to make us redundant, I was sent a letter to be put at risk, we were consulted on what would happen next. A week or so later my old company advised of a possible role to prevent me being made redundant, the other 4 guys affected were not interested but I was. Another week later one of our contracts served notice on the company, my company then served them a shorter (1 month) notice back leaving us all with less time to be consulted on what would happen next etc.... because of this the new role was taken off the table, they then advised 4 of us that we worked mainly on this contract and so we would TUPE across to the new contract. I was customer service Team Leader working in central Manchester, easy access to work by car or public transport, 30 mins away by tram. I worked on all contracts, invoicing customers, quoting etc and this was not a role specific to the contract or set up to service the contract that was lost either. We had a basic 121 with the new providers, to get to know each other (even though the new providers had not yet signed any deals with the customer we lost) I spoke of all the work I did and did not specifically speak of this contract so at this point the old company decided my other colleague worked on the contract too making it 5 to transfer, they told the new company that actually there were 2 admin people working on it! My old company 2 days before transfer (earlier this month) asked us to sign statements advising what amount of work we did on this contract, I replied to advise I wasn't happy to do this, instead I emailed a statement advising my role was never set up for this contract and that being Team Leader I was second port of call for all customers, I advised I invoiced and quoted this contract because I was the only one in the north responsible for ALL invoicing and quotes, it just happened to be the biggest contract. The new company decided to take 3 staff, the contract account manager, a service engineer and an install engineer, they couldn't understand 2 admin to be used on such a small contract, the old company pushed the new company again for a decision on me and my colleague and the next day they decided they would take me (the last remaining person is now being made redundant as the office in Manchester closed when we left - convenient!). I was advised by email from HR that I should report to the new company the next week at their HQ near Huddersfield for discussions on what was to happen next (transfer was the previous Saturday) half hour after this email I was sent an email from the new company also advising the same, the email from the new company also advised that there was only a position available for a service engineer and that risks of redundancies may be applicable, no further correspondence from either and no mention of my new place of work. So next week I attended in Huddersfield and was told that that would be my new place of work, the following day I attended again but wrote a letter of resignation based on relocation and advised the new company that no one had told me I would have to start travelling 80 miles a day (in total there and back) My points are that I was not informed correctly of my new place of work (simple failure to consult/inform of changes), I and the team were never set up to service this contract and therefore TUPE should never have applied to me (Stobart, Seawell, Argyll), and relocation causing detrimental changes directly associated to the transfer causing me to resign which was unfair (Tapere, Abellio). The new company called me recently advising they wanted me to keep them out of any tribunal and offered a sum of £1500 (this sum I've lost this month in pay anyway so I do not see it as being a sufficient amount of compensation) also I've lost 10 days holiday, 5 weeks' notice and redundancy pay of £1500, the new company say that those costs should be down to the old company to pay as the transfer should never have happened, Now I'm confused as to whether to pursue a tribunal or what I should be expecting to happen next, taking the new company's offer would mean not bringing them up in tribunal which may affect the outcome? The old company I have not been in touch with, I see them as bullies and would prefer not to be the one to let them know I want to take this further and do not agree with it. I've engaged ACAS and Workrep, Workrep haven't yet been in touch (although just found a fault with my landline so they could have!) A guy from ACAS called and advised they don't represent, they can't give advice on what to do regarding what is a reasonable amount to be offered as a compromise agreement and that I have to call them back with a figure I would be happy with! He just kept saying "I've seen this before, I know what is going to happen, one will say it's them and the other will say it's them" what he basically was saying is "you tell me what you want and I'll ring them and say it" ........ I wanted to hear a strong voice, someone to tell me "It's OK, you don't have to worry, we can do this" ... Now I'm as stressed as ever!
  19. Hi, I have registered today in the hope of finding some helpful information from anyone that has encountered similar circumstances. I hope that I have managed to navigate the site to the correct area! Basically my problem is this: following a TUPE transfer when my company was bought out by a larger entity, my new employer has restructured. A few weeks after the transfer the impending reorganisation was announced. A week ago I was informed that a 30 day consultation period had opened, and an email shortly followed with some "selection criteria" upon which my colleagues and I would be judged for some " new roles" in the new structure. A couple of days later I was informed that I had not been selected for one of the available roles. A significant part of the selection criteria relies on a personal knowledge of how I work, and my future potential. As yet I have not met ANY of the management of my new employing entity beyond the " big boss" at the TUPE meeting before my employment began. My old boss, who has also transferred, advised me that he had not been asked about me, nor any aspects of my performance. I am therefore somewhat bemused as to how this scoring has actually been completed. Please note: I am not being made totally redundant; I have been offered a lesser role. I am looking for advice on two points therefore: if this procedure is fair (given the scoring scenario); and if this procedure is lawful (given the timings of the announcements)? Any help appreciated! Thanks.
  20. Hi, I have my tribunal for unfair dismissal on the grounds of TUPE for a three day hearing on 8th 9th 10th April.On Thursday the respondent (the company that brought the old company I worked for) solicitor got in touch with ACAS who in turn got in touch with me (im un-represented) and asked if I want to settle on 3k that is their best offer and wont be offering again! My schedule of loss was done by a solicitor who I paid for and has my los at just over 33k. I KNOW i wont get awarded this much. But I feel its worth a shot at going to court if anything for the experience. Catch- I receive HB, CTB and DLA lowest rate. Will all of this be taken off me if I win? Thank you:|
  21. Hi, this is a complicated one but I will try to keep it brief! I had been working for company X for 3 years when company Y took over management of the site. I was told at the time that I had to TUPE over to company Y or I would effectively be making myself redundant as there was no longer a job for me with company X. I was also told that it was company Y’s policy to employ people at my level (admin support) through a contracting company (company Z). Now, this all went ok until recently. During the 2 years I have been working for the contracting company the original company I worked for took on a part time admin position. Now, company Y are taking over all staff from company X on a direct contract of employment (including the part time admin position) rather than through the contracting company I work for. Now, my question is: Can company Y employ the admin position directly even though the TUPE arrangements and job are exactly the same as mine rather than through the contracting company like people of my position are. I have asked the question of company Y as how this can be. They have responded that the work brought over by the other admin position is “different”. However, I was recently asked in a team meeting what work of mine I could hand over to this position. I have been asking for a direct contract of employment for 2 years, and now someone who does exactly the same tasks as me is being taken on directly, it doesn’t seem fair or right. Any help anyone can give will be gratefully received!
  22. Hi, I am hoping to get some advice. I recently settled a tribunal for unfair dismissal (I represented my husband!) but the respondent has not yet paid. In short, my husband was unfairly dismissed without notice, holiday pay and being owed around £1400 in unpaid salary. He had a clean employment history, no disciplinaries etc. He called the MD to ask if he could work from home one Sunday for a few hours as the fire exits were blocked in the building and his MD called him a some choice names and fired him in the street the next day. It transpired he was trying to save money as he had a buyer lined up. The tribunal was started in October 2012, the then director of the company involved sold his shares in November 2012 without telling the new owners of the pending tribunal. They found out two days before they had to submit their ET3, on 26th Nov 2012. I have it in an email from their representative that they took over the respondent by way of TUPE transfer. They breached the case management orders, they failed to provide any evidence so had no choice but to settle on the day of the tribunal. They have now failed to pay up as agreed and they are ignoring both me and their own representative. It should have been paid by 8th March 2013. I now have the COT3 certificate from ACAS (respondent didn't return a signed COT3) and am on verge of sending the papers for fast track High Court Enforcement. They are now ten days late with the payment and received the letter from ACAS on Friday. We were told they had sent the cheque & COT3 on 6th March which was obviously a lie. I think they are going to try and cease trading without paying this settlement, however, the company that took over is a PLC if this makes any difference. My understanding of TUPE is that the new owners are responsible for this and can claim any award or settlement back from the person who sold the company. Can I try and claim against the new owners as it was a TUPE transer? Or can I reinstate a tribunal as, with hindsight, I would not have settled and let the tribunal judgement go against them. Also, now they have breached the COT3, can I now discuss it with others? Both business are registered with the governing body of that trade as well as trade associations who would be interested in the way this is being handled especially if they are allowing a company to go under in order to take their customers and assets. They work out of the same building, the same telephone number and have the same directors. Any comments/advice would be helpful.
  23. difficult subject I know,but would appreciate any advice,My wife has worked in a school kitchen for a private company for 14 years,preparing dinners for schools,and serving them,her contract is a 27 hour a week ,and only works term times,which suits, so she can pick up the grandkids from school and have them in the holidays.over a year ago an additional workload of making the teas for 4 nurserys was added,these are open all year,so the 2 girls from another kitchen who used to prepare the teas,on 51 week contracts, did these in the holidays.2 questions,there were rumours that the nursery contract was being lost,and in january my wife and her 2 co-workers found out through the grapevine that 3 people had been interviewed and given letters of acceptance for their jobs,confirmed by those people,which management denied,is this legal? last fri they were told they are being tuped on the 1st april,there is only 1 job 51 weeks 37 hrs a week,and they have been told that 1 girl wll get it,and the new company will decide what to do with the other 2,any thoughts please
  24. Hi Looking for a bit of advice to my entitlements, my employer has lost a contract i work on and has informed myself i am now under tupe to the new company who has taken on the contract. I have been asked if i would be willing to relocate to the new companys site ( approx. 120 miles away) which to me is an unreasonable request. The answers i need help with are, If i turn this relocation down am i entitled to redundancy? If so how much notice must i receive (i have 8 years service)? My employment passes over to the new company on 1st July, can they serve me notice bfore this period? Many thanks in advance
  25. Hi, new member following company Liquidation on 6th February. Having read various documents relating to the subject of TUPE I am confused as to the likely outcome of my case. If there are any employment lawyers that can answer thiss definitvely for me it would be much appreciated, thank you. I transferred from a Borough Council to a Private Company in April 2007 following a PPP exercise to lease the Golf Course I worked at. We weremisled regarding our pension on the day we transferred and did not receive a "comparable" scheme. Things went ok for 3 years, however, the Companies business model was landscaping (tipping) to generate income that was supposed to be used to fund capital projects specified in the new companies tender submission. There was all sorts of information available for this company on the web prior to my transfer relating to their poor practices yet our Council decided on them as operator and gave them a 40 year lease which was then upped to 50 years probably illegally as there was not consultation. The company has not carried out any of the proposed improvements apart from converting the male changing room into a split male and female facility. This took some considerable time and was of a poor finish. No other improvement or capital spend has taken place. The tipping should have taken 3 years but due to the down turn in building they were granted a number of extensions with continued slow process that culminated in the Council refusing to extend any further beyond 31st January 2013 for the importation of materials. I had continuously warned the Council that as soon as the tipping license was revoked our Company Director would up and leave as he had done to so many of the golf facilities he operated. I was paid late in Novemer 2012, which the FD asked about and I agreed, it happened again in December but without asking, just informingI would not get paid. All staff were paid by 24th December except myself and two others. I was paid about 10 days late. In january the notification came agian that paymetn to staff would be late, someone contacted the papers, it went to the Council for comment and the FD told the Council all staff would be paid by a certain time and date. Everyone was paid apart from me. On 5th Feb the FD asked for a meeting to be arranged for all staff on 6th Feb, he arrived at the Centre with a liquidator and advised the company was liquidated and we were redundant. The Course was closed and we should remove our belongings and go and sign on. So, apologies for the long detail, my questions are these; 1. As I transferred from the Council to a Private company, should I automatically be re-employed if the Golf Course re-opens either under the Council or tendered by the Council to another party? 2. Having read "Staff Transfers in the Public Sector 2007" produced by the Cabinet Office it seems to say I should, however, when I read about TUPE and Liquidation it says TUPE does not apply. If you've answered yes or no to question 1, where does this argument leave me? 3. The following statement is made in the above document; "13. There may also be circumstances that require a function contracted-out to a private sector contractor or voluntary sector body to be brought back into the public sector on the termination of the contract." With our Company going into Liquidation, can it be argued that due to the Liquidation the contract is automatically terminated and TUPE should then apply according to the staff transfers document? My only other worry / question is in relation to a loophole. If the Coucil were to keep the Course closed for a set period of time would this stop the application of TUPE? and if there is a time limit, what is it? I am so confused, can anyone help? All I want to do is get my job back and get the Course open again!
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