Contracts of Employment

[meglet]

I worked for company A that on the 1st April merged with company B and I am now employed by company B. I will be handing in my notice within the next week and I am wondering how I stand legally. I am currently working on some new business deals that I intend to take with me. These are not current clients so I would not be taking away existing business, just the potential for new business. Company A has treated me fairly poorly over the past couple of years and so I don’t feel too bad about doing it.

My question is this. As neither I nor any other employee was asked to sign a new contract of employment when A and B merged is my contract with A still valid? I am talking specifically about the standard employee Ts & Cs which form part of the contract of employment for both companies but which have different post termination clauses.

As I have accepted 2 months wages now from company B, would my acceptance of wages imply acceptance of these new Ts and Cs?

Many thanks

[twix123]

Per ACAS "The Transfer of Undertakings (Protection of Employment) Regulations (TUPE) protects employees' terms and conditions of employment when a business is transferred from one owner to another. Employees of the previous owner when the business changes hands automatically become employees of the new employer on the same terms and conditions. It's as if their employment contracts had originally been made with the new employer. Their continuity of service and any other rights are all preserved." Therefore your original Terms and Conditions remain valid until you sign any new contract offered.

[Richard1966]

When company B took on staff from company A this is s Transfer of an Undertaking and is covered by the Transfer of an Undertaking (Protected Employment) regulations, or TUPE. Under TUPE the new company effectively inherits you with all the terms and condition of the old company. So the answer is Yes, all the original T&C's still apply.

[meglet]

Of course. I really should have known that since the contracts I sell can sometimes involve TUPEing in staff.

Thanks for your help.