Employment law...new contract...loss of original start date ?

[gbb]

Just throwing it out there, we're in the process of our company seperating production facilities, some staff had shared duties that will no longer exist so they're effectively giving everyone new contracts (apparently)
Altgough it may be rumour control getting out of hand, its been suggested they are going to disregard our original start date and the new contract will effectively from day zero...the day you sign it...with obvious loss of continuous employment which of course affects any fiture redundancy etc.

Can they do that ?.
Ive scoured the net re continuous employment but not come up with anything substantial.

 

[twentysix by twentyfive]

TUPE?

 

[TVC]

It is just the rumour mill, TUPE if applicable and other employment legislation ensures continuing employment is recognised.

 

[Jimidh]

I wouldn't have thought so - as above I think you will be protected by TUPE

 

[gbb]

Thats what I told them, we were TUPEd over from our original employers 2 years ago, Now our current employer 'apparently' wants to rip that length of service up...apparently.
TBF TUPE doesnt last forever surely ?
It probably is just the rumour mill...but knowing not guessing your rights is best.

 

[classic33]

"Business transfers
This is where a business or part of a business moves from one employer to another. This can include mergers where 2 companies close and combine to form a new one.

The identity of the employer must change, to be protected under TUPE during a business transfer."

https://www.gov.uk/transfers-takeovers/overview

 

[marinyork]

TUPE only lasts a year now when was your date?

I'd not sign anything in a hurry. In the retail sector there is a giant amount of 'it's me again here's your new contract, we got told take away all these terms and conditions but we were told we have to' going on this year.

It sounds like dismissal and re-engagement not related to the TUPE transfer, so yes they can do that. You would be given a consultation if this this the case. Take into account that if this is the case they must consult with you and you can shout as much as you like about how much you dislike it, that's regarded as part of the consultation. Too many workplaces do these consultations and ask few questions and agree with everything when it is a consultation and NOT final. A consultation I sat through they didn't say very much at all and agreed to pretty much everything but a large minority said the pay is crap, this is outrageous because x,y,z and a short time later the company came back and said the payband would go upto a grand higher.

Generally in employment law (this isn't a golden rule) a change of contract isn't regarded as changing from one similarly graded job to another it is if you are promoted, demoted or change to another site or employer. TUPE stuff nulls the latter. Even that stuff taken into account your start date stays the same.

 

[marinyork]

Ask to see whatever papers relate to the announcement to change something.

 

[jonny jeez]

Just throwing it out there, we're in the process of our company seperating production facilities, some staff had shared duties that will no longer exist so they're effectively giving everyone new contracts (apparently)
Altgough it may be rumour control getting out of hand, its been suggested they are going to disregard our original start date and the new contract will effectively from day zero...the day you sign it...with obvious loss of continuous employment which of course affects any fiture redundancy etc.

Can they do that ?.
Ive scoured the net re continuous employment but not come up with anything substantial.

It affects more than just redundancy. You shall, for a period of 24 months have no rights to sue your firm for unfair or unlawful dismissal. You only retain the right to sue for breech of contract, which limits their risk to simply paying you want they owe and waving goodbye.

 

[jonny jeez]

Your best move is to pick up the phone to ACAS, they are open untill about 20.00 each night and are very helpful and knowledgeable
http://m.acas.org.uk/

 

[marinyork]

Acas are very hit and miss but it is worth a punt. However it is worth finding out what is being proposed before you ring them.

 

[marinyork]

Your ones to watch on new contracts are everything. Cutting paid breaks, premiums, benefits and so on as well as adding in loads of extra duties.

 

[Buck]

If I've understood correctly, this won't be TUPE as you are staying with your current employer.

As they are wishing to update you to a new contract/particulars of employment, they should be consulting with you and they cannot impose this upon you unless they dismiss you (which is what they would have to do to impose a new contract)

I would ensure you get the support of your union as the new terms will always be in their favour and you do not want to be unduly penalised.

 

[marinyork]

You've got two reps/ex reps and an employment lawyer on here so post back gbb when you find out more.

 

[ufkacbln]

For the NHS it was called "Agenda for Change"