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SusanLisa | 16:27 Fri 02nd Jul 2010 | Jobs & Education
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Over a year ago the company I work for was sold as a going concern. My orginal contract was in the first companys name. Under the TUPE regulations we were sold under, shouldnt the new company give me a new contract? Its been nearly 18 months now and I still haven't got one? I am thinking of leaving and I would like to know where I stand. Thankyou
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I would imagine if you were transferred under TUPE, that all your terms and conditions remained the same.
All employees have a contract with their employer even if nothing is actually written down. What you're referring to is a 'written statement of employment particulars'. Your original employer was obliged to provide you with such a statement within two months of starting employment. (That document doesn't have to be called a 'contract'. It could simply be the letter offering you the job as long as all relevant matters were covered within that letter).

Your new employer should also have provided you with a written statement of employment particulars but, once again, there was no need for it to be worded as a formal 'contract'. A letter stating that all of your contractual rights and duties, inherited from your previous employer, were still in place would be sufficient to meet the legal requirements.

Chris

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