Employment Quest - SV650.org

TSM · 18-08-06, 01:19 PM

Just a quick quest.

If the company you are working for currently has been sold to another company along with all the employees, do they need to offer a Volentary Redundancy option.

There is someone that i work for that says that he started to work for the current company and does not want to work for the other but the partners have not given any redundancy option. If he wanted to work for the other company he would have got a job with them instead.

So any answers.

Thanks./

18-08-06, 01:22 PM

To my knowledge, they don't have to do anything. The only thing they can't do is sack the employee's just on the principal that they want to replace them.

I may be wrong, but sorry if that's not what your friend wanted to hear

18-08-06, 01:25 PM

Quote:

Originally Posted by TSM

Just a quick quest.

If the company you are working for currently has been sold to another company along with all the employees, do they need to offer a Volentary Redundancy option.

There is someone that i work for that says that he started to work for the current company and does not want to work for the other but the partners have not given any redundancy option. If he wanted to work for the other company he would have got a job with them instead.

So any answers.

Thanks./

No they don't need to offer redundancy unless they move location - my company has just chenged from Mowlem to Carillion but stayed at the same location (for now)

TSM · 18-08-06, 01:25 PM

Quote:

Originally Posted by Baph

To my knowledge, they don't have to do anything. The only thing they can't do is sack the employee's just on the principal that they want to replace them.

I may be wrong, but sorry if that's not what your friend wanted to hear

Unforunatly the partners have agreed with the new company to take on all the workers and they cant get rid of anyone or lower their pay for 2 years without giving redundancy pay.

18-08-06, 01:30 PM

A nasty situation is when one company buys a similarly sized, geographically close rival and then decides to "merge" the two. For certain jobs, they only need one person and you can guarantee that unless the person doing the same job in the company doing the buying is a complete numpty, the management of the new owner is unlikely to sack them in favour of an "unproven" new boy from the other company.

Of course, they get round this by making everyone reapply for their jobs and then "after careful consideration" deciding to keep who they had already...

TSM · 18-08-06, 01:33 PM

Quote:

Originally Posted by Ceri JC

A nasty situation is when one company buys a similarly sized, geographically close rival and then decides to "merge" the two. For certain jobs, they only need one person and you can guarantee that unless the person doing the same job in the company doing the buying is a complete numpty, the management of the new owner is unlikely to sack them in favour of an "unproven" new boy from the other company.

Of course, they get round this by making everyone reapply for their jobs and then "after careful consideration" deciding to keep who they had already...

Well im in that boat as my job will not be needed anymore at this branch as its centralised. But at least i know i have to be made redundant with pay due to contractual obligation they have.

timwilky · 18-08-06, 01:35 PM

There are rules (TUPE) that define what a undertaking and rights exist when ownership of a business transfers.

When my employers looked to sell off their IT business the prospective buyer had horrendous redundancy terms whereas our existing rights would have given me 32 weeks pay at full rate, the new company would have only paid me for 18 at statutory minimum. When we raised this with the prospective new employer they countered that they had never actually made anyone redundant.

Thankfully the prospective buyer realised that the value of the business was far less than what the company were asking and pulled out.

Red ones · 18-08-06, 07:20 PM

Hey - at least TUPE requires the settlement to be as good, if not better than teh deal that would have been offered by the former owner, and this applies to all transfered entitlements. They must also consider your employment as continuous.

Used to get this happening loads to us under Compulsory Competitive Tender before the law changed, when CCT contracts were limited to a maximum of 5 years.

18-08-06, 01:19 PM	#1
TSM The Sick Man Mega Poster Join Date: Nov 2004 Location: Peckham.SE.LDN Posts: 4,768	Employment Quest Just a quick quest. If the company you are working for currently has been sold to another company along with all the employees, do they need to offer a Volentary Redundancy option. There is someone that i work for that says that he started to work for the current company and does not want to work for the other but the partners have not given any redundancy option. If he wanted to work for the other company he would have got a job with them instead. So any answers. Thanks./ __________________ OTR: KTM 690 Duke R 2015 Full Akro SIDELINE: Kwak ZX636 A1P 2002, Red, R&G's, Yoshi, Double Bubble Screen GONE: Kwak ZX-7R P1, Full Akro, Undertray, Screen GONE: SV650S K2 Very Bruised & Without Fairing, Motovation Frame Sliders, R&G Ally Sprocket Toe Protector, HEL 2 Line Setup, GSXR K1 600 RWU Forks, Barnett Clutch & Springs, Penske 8981 Shock, Gilles Ti Rearsets, Steel Barends, Scottoiler, AFAM Chain & Sprockets, Twin FIAMM Horns, Skidmarx Bellypan, Full Micron Zeta Steel System, Cut down undertay. Forum Problems & Information / Site Suggestions

18-08-06, 01:35 PM	#7
timwilky Member Mega Poster Join Date: Mar 2004 Location: Not in Yorkshire. (Thank God) Posts: 4,116	There are rules (TUPE) that define what a undertaking and rights exist when ownership of a business transfers. When my employers looked to sell off their IT business the prospective buyer had horrendous redundancy terms whereas our existing rights would have given me 32 weeks pay at full rate, the new company would have only paid me for 18 at statutory minimum. When we raised this with the prospective new employer they countered that they had never actually made anyone redundant. Thankfully the prospective buyer realised that the value of the business was far less than what the company were asking and pulled out. __________________ Not Grumpy, opinionated.

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18-08-06, 01:22 PM	#2
Baph Guest Posts: n/a	To my knowledge, they don't have to do anything. The only thing they can't do is sack the employee's just on the principal that they want to replace them. I may be wrong, but sorry if that's not what your friend wanted to hear

18-08-06, 01:30 PM	#5
Ceri JC Guest Posts: n/a	A nasty situation is when one company buys a similarly sized, geographically close rival and then decides to "merge" the two. For certain jobs, they only need one person and you can guarantee that unless the person doing the same job in the company doing the buying is a complete numpty, the management of the new owner is unlikely to sack them in favour of an "unproven" new boy from the other company. Of course, they get round this by making everyone reapply for their jobs and then "after careful consideration" deciding to keep who they had already...

18-08-06, 07:20 PM	#8
Red ones Member Mega Poster Join Date: Jul 2003 Location: Hertfordshire Posts: 1,422	Hey - at least TUPE requires the settlement to be as good, if not better than teh deal that would have been offered by the former owner, and this applies to all transfered entitlements. They must also consider your employment as continuous. Used to get this happening loads to us under Compulsory Competitive Tender before the law changed, when CCT contracts were limited to a maximum of 5 years.