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Contract- company acquired

(4 Posts)
Mishy1234 Tue 06-Sep-11 14:45:30

I have posted this in legal matters, but then thought this might be a better place so apologies for the duplication.

I am due to return to work in a few weeks and while I was on maternity leave the company was bought over. I had returned part-time after my first child under a temporary change to my contract, which continued until I went on mat leave for the second time a year later. Whilst on my second mat leave it was agreed that I would return part-time on a permanent basis (apparently as I had been working for a certain period part-time, they had to honour these hours).

After this agreement was made (I have emails detailing this too), the HR person said she would draft me a new contract. Following this she went on long term sick leave, returned for a while and then went back on sick leave again. In the meantime, the company was acquired.

Do I have a problem since I don't have a paper contract detailing my part-time hours? Does the new company have to honour the agreement? They haven't said they won't, but I want to be prepared in case there are any issues.

Ellypoo Wed 07-Sep-11 13:46:02

I may be wrong, but if you have emails detailing the agreement, then under TUPE, you should still be employed on these terms, even though you haven't received a formal change in contract - these terms were informal (although agreed), and the fact that you had worked them for a period of time, they are implied contract terms (I'm sure there is a better word for it, but hopefully you know what I mean).

Mishy1234 Wed 07-Sep-11 19:19:43

Thanks Ellypoo, that's what I thought but wasn't totally sure.

Mishy1234 Thu 08-Sep-11 13:44:30

Just as an update in case anyone is in a similar position, it seems that Ellypoo was indeed correct and there has been no bother regarding my contract for part-time hours.

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