Editor's Blog3 mins ago
Do I still have a contract?
2 Answers
Over 18 months ago the company I worked for sold the branch to a new company who took the existing staff on under the TUPE regulations. We haven't received a new contract since the new company took over and the direct.gov website states -
Once the transfer has taken place, make sure you are given an up-to-date written statement of employment particulars. This should give the name of your new employer and say that your terms and conditions haven't changed.
Since then I have agreed to do more hours & get fewer holidays.The thing is since they took over we haven't had a new contact at all? Can I make them do one for me?
Thanks
Once the transfer has taken place, make sure you are given an up-to-date written statement of employment particulars. This should give the name of your new employer and say that your terms and conditions haven't changed.
Since then I have agreed to do more hours & get fewer holidays.The thing is since they took over we haven't had a new contact at all? Can I make them do one for me?
Thanks
Answers
Best Answer
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For more on marking an answer as the "Best Answer", please visit our FAQ.Under the TUPE regulations, employees employed by the previous employer when the undertaking changes hands automatically become employees of the new employer on the same terms and conditions. It is as if their contracts of employment had originally been made with the new employer. Thus employees’ continuity of employment is preserved, as are their terms and conditions of employment under their contracts of employment (except for certain occupational pension rights).
As you have now agreed to new T & C's, i.e. more hours and less holidays, you should request a new contract is issued.
Also, do your new holidays comply with the European Working Time Directive in respect of holidays granted, i.e. 5.6 weeks or pro rata if working part time?
As you have now agreed to new T & C's, i.e. more hours and less holidays, you should request a new contract is issued.
Also, do your new holidays comply with the European Working Time Directive in respect of holidays granted, i.e. 5.6 weeks or pro rata if working part time?