Employment contract

thunderwing

If my employer is taken over, what are my rights if I don't sign a new contract if a new one is offered? Is it take it or leave it or am I entitled to redundancy?

Vanbis

thunderwing wrote: »

If my employer is taken over, what are my rights if I don't sign a new contract if a new one is offered? Is it take it or leave it or am I entitled to redundancy?

Take it or leave it i'm afraid.

thunderwing

does this mean the new employer can change my hours and salary and I have no protection?

Eoin

This page says that the terms and conditions are transferred to the new employer:

Contract of employment
Under the Regulations the new employer is legally obliged to take on the existing employees of the business. The terms and conditions and your employer’s obligations in your contract of employment are automatically transferred to your new employer, except for pensions – see below. If there is a collective agreement your new employer must continue to its terms and conditions until it expires or is replaced.

P45: In some circumstances employees involved in a transfer of business may be given a P45 by their old employer. They should give this to their new employer. For the purposes of redundancy legislation a transfer of business does not break the employees’ continuity of service. Instead it is transferred to their new employment.

thunderwing

hi Eoin
if new employer wants to make changes to my pay, ie reduce, reduce holidays, basically the t and c of my old contract, does that mean it will be an entirely new contract or do i just accept these changes? if a takeover is imminent, are they obliged to give notice about any changes they are going to make? or can they basically do what they want once the acquisition is complete?
many thanks

Eoin

Yeah - consultation is required, it's mentioned further down the page I linked to earlier. How much time doesn't seem to be listed though. This doc might have more info.

The few pages I've seen strongly indicate that there can be no reduction in terms & conditions of employment (apart from the pension). But you'd be better of talking to NERA and getting some official advice, rather than relying on layman's opinions here.

thunderwing

star, thanks for that.

Eoin

No probs, hope it works out for you. And please don't rely on anything here - make sure you get advice from experts

Ted_YNWA

OP, company I work for underwent a takeover,

This was 2 years ago & powers that be are still trying to align T&C's.

Multinational company tho, but shows that it takes time to sort out T&C's.

need to choose to roll out Purchasing business T&C or incorporate your T&C into their contracts

coco_lola

Hey OP, same as you, company I work for underwent a take over. They assured us that the current terms of our employment (ie pay, holidays etc) must remain the same. We were then offered a permanent contract showing same rate of pay. The rate of pay cannot decrease under the TUPE law, it could increase, though highly unlikely. However, if a new contract is offered, read it