business I'm working for taken over. advice?

sonic85

Hi

The business I'm currently working for has been taken over by another company. We are still in business still showing up for work but yesterday we were issued with P45s. I was looking through Citizens Information and from what I can gather our contracts should've been automatically transferred over to the new company and our existing terms wouldn't change.

I suppose the main question I want to ask is why were we issued with P45s? On CI it states "In some circumstances employees involved in a transfer of business may be given a P45 by their old employer." What circumstances would dictate the need to hand out P45s?

Any information or advice you could throw my way would be very much appreciated! Thanks

CIARAN_BOYLE

sonic85 wrote: »

Hi

The business I'm currently working for has been taken over by another company. We are still in business still showing up for work but yesterday we were issued with P45s. I was looking through Citizens Information and from what I can gather our contracts should've been automatically transferred over to the new company and our existing terms wouldn't change.

I suppose the main question I want to ask is why were we issued with P45s? On CI it states "In some circumstances employees involved in a transfer of business may be given a P45 by their old employer." What circumstances would dictate the need to hand out P45s?

Any information or advice you could throw my way would be very much appreciated! Thanks

Well they can let you go but you would be entitled to redundancy with previous length of service taken into account.

sonic85

CIARAN_BOYLE wrote: »

Well they can let you go but you would be entitled to redundancy with previous length of service taken into account.

Thanks for the reply! Yes I understand that but we've already been told we will be kept on - for the immediate future at least. I just don't understand the need to hand out P45s when we've been told we still have jobs and also when our contracts are supposedly being transferred over to the new company automatically?

CIARAN_BOYLE

sonic85 wrote: »

Thanks for the reply! Yes I understand that but we've already been told we will be kept on - for the immediate future at least. I just don't understand the need to hand out P45s when we've been told we still have jobs and also when our contracts are supposedly being transferred over to the new company automatically?

Oh right in that case its just paperwork.

You are going from employees of abc tax number 1234567a to being employees of xyz tax number 9876543z and the P45 is the mechanism under which your employment moves in the eyes of the Revenue.

drunkmonkey

Search for TUPE, it's a transfer of undertakings, you should be allowed follow the work, you would get a p45 but should be taken on by the new employer or entitled to redundancy.

sonic85

Thanks very much lads its much clearer now. I may be back with more questions but for now thanks for the replies!

livedadream

you can be issued with P45 as a way to end your employment with the old company, while still working for the new company.

Its a way of them shutting down revenue stuff.

Ask HR.

BattleCorp

livedadream wrote: »

you can be issued with P45 as a way to end your employment with the old company, while still working for the new company.

Its a way of them shutting down revenue stuff.

Ask HR.

Does the P45 mean that there isn't a carry forward of redundancy rights?

sonic85

BattleCorp wrote: »

Does the P45 mean that there isn't a carry forward of redundancy rights?

That's a good question actually. If someone could give a definitive answer?

There's no HR in our company - at least not in the part I work in!

livedadream

BattleCorp wrote: »

Does the P45 mean that there isn't a carry forward of redundancy rights?

He's not being made redundant he is still working, just for another company.

livedadream

sonic85 wrote: »

That's a good question actually. If someone could give a definitive answer?

There's no HR in our company - at least not in the part I work in!

you are not being made redundant, you have effectively been TUPE'd over.

you work for the new org now.

the P45 is just paperwork from your old company so they can close up their affairs with the revenue.

if theres no HR your manager or their manager, someone has to know whats going on.

CIARAN_BOYLE

sonic85 wrote: »

That's a good question actually. If someone could give a definitive answer?

There's no HR in our company - at least not in the part I work in!

You still have your employment rights. If I was in your shoes I would demand a standard TUPE letter from management.

This would basically say that you your employment transferred from abc to xyz and all rights carried forward and it would also confirm your start date. When you go from one company to another (especially in smaller entities without HR departments) these details may get lost.

Little CuChulainn

Have you received an employment contract from the new company? If you've received a p45, no new contract or no notification of a transfer of your current contract I would be a bit concerned.

sonic85

We received a letter last week stating the company has been taken over and our contracts have been transferred over. Yesterday the P45s were handed out. As of yet I've heard nothing else.

I've looked over some information about TUPE and I've seen it stated that the employees should have a representative involved and if there is no representative then we should all have received notification in writing of the goings on. This hasn't happened - in fact the whole thing seems to have been handled quite poorly.

Gerry T

Have you thought about your pension. If you had one with the old employer was it defined contribution or defined benefit. You mad need expert advise on whether to leave it or move it. Also if your employer contributed you may only get one chance to move his contributions to a new scheme. Finally your new employer doesn't have to transfer your current pension terms, he does with your contract and salary etc, but not pension.