signing a new contract while on mat leave...

[TeaBaggy]

I have worked for well known coffee company as part of a franchise since summer 2007 and became a manager in summer 2008. my franchise was small and made up of just 5 stores all within my local area. i went on mat leave in sept 2011 and in dec was informed that the company was being sold to another franchisee, who already has 26 stores, so a much larger company. this sale went through on the 5th jan 2012 and the new company has sent out a new contract via email for me to sign. this is the first communication i have had from them and i basically dont know whether or not to sign it???

when my old area manager (currently not in the country to ask advice) originally told me of the sale she said that tupe didnt apply because the company was being sold as shares. i dont really understand this sort of stuff and am worried about agreeing to the different terms of employment etc and also whether this equates to starting a new employment and affects my entitlement to smp.

the new company have also requested a copy of my matb1 and the childs birth certificate...is this normal?

sorry if this doesnt make much sense...help!

[youngermother1]

I would not worry about TUPE. This applies if you are moved to be employed by a new company. If it was a share deal, the the new owners purchased the company you work for, so your employer has not changed, just the owner. This means your T&C continue as they were.
I am not sure of the rules relating to a new contract, hope someone else can help, but I think this would not be starting a new employment, just amending the terms of your current one. The owners would like to get the employees in all their companies to have the same T&C as it makes things easier for them, but doubt they can force you to accept.
I assume they want the paperwork as, being a bigger organisation, they have a more process driven (impersonal?) HR dept, although wanting the childs birth certificate sounds odd.

[MoreBeta]

youngermother - I agree with what you said.

TeaBaggy - ask them why they want the document they have requested and whay you are being asked to sign a new contract given ypou are still working for the same firm.

The thing that does worry me is if you do agree to a new contract that you may be affecting your employment rights that you have accrued as a result of being employed since 2007. In effect, you might be legally treated as restarting your employment even though you are still working for the same firm.

You need someone who is an employement lawyer or union person to explain in detail.

[TeaBaggy]

Thanks guys, i dont really understand it all and am slightly put out by the fact that im having to stress about sorting this out while im on mat leave and should be putting my feet up concentrating on my new bubba for the next few months. hopefully someone will come along and explain it all to me in laymans terms.

although it has been sold as shares the whole company has been sold. and as the new owner is totally in control of paying my wages and hiring/firing etc it doesnt feel like the same company at all. surely selling as shares is just a way of avoiding tupe?

my DP was protected by tupe when his company was bought out by an independant owner, and that was previously a franchise...

[MoreBeta]

The company you work for still exists so your old employment contract is still in force. TUPE does not come into it unless they are now planning to transfer your contract to the purchasing company.

[flowery]

TUPE is if your employer changes. If the company employing you is the same, but just owned by a different individual/group of individuals, your employment isn't transferring.

How does the contract differ from your current one and what reason have they given for issuing it/what accompanying letter or whatever did you get? Does the new contract have your original start date on it, and/or specify that your continuous service is from your original start date? Is the employing entity on the new contract your old company?