Continous service when company has been acquired

[garageflower]

Hello

Please bear with me as I have no idea on all of the correct legal terms I'm supposed to use, surrounding this....

So, back story, 18 months ago, the company I worked for was acquired by a larger, completely separate, company. Smaller company was on the verge of going bust and I think if we hadn't been acquired, we would not have been paid another month's wage.

The staff at smaller company were given notice that this would be happening as well as an assurance that all jobs would be safe and that whatever length of service we had accrued, would be carried over to new company.

When I arrived at new company, I signed a contract which I now see mentions two different dates as my commencement date. Our online HR system says I have been with company for 6 years (correct if including previous company) but our HR manager (who is different to the person who handled this) can't find my contract anyway and doesn't think this is the case.

Having emailed HR a few times for clarification I have had no response. I've taken screenshots of the online HR system (as someone obviously thinks I've worked there for 6 years) but am worried that were I to be made redundant, the company would insist that I hadn't worked there for 6 years. The fact that I haven't had a reply despite asking several times makes me feel a bit worried.

Where do I stand?

Sorry if not clear

Your continuous service is protected under the TUP(E) regulations. You are in the clear.

Thanks Lougle - a good first reply

Do you mind if I ask you why it's protected? As in, what proof do I have that they're taking my old company into account, and what is TUP(E)?

It depends how the company was acquired whether TUPE applies (transfer of undertakings protection of employment) but if it was bought by the acquiring company buying the shares (so TUPE wouldn't apply)m your service is still protected.

If you were made redundant you should therefore get the full 6 years for any payments. I would keep the screenshots, also anything else you have especially at the time of the company being acquired.

If TUPE does apply (ie if the new company bought the assets) other things will also be protected to do with your original terms and conditions, but overall don't worry. You have the service and the company should honour it either way.

Are you worried about redundancy?

All about TUPE

Hilda - I am a little worried about redundancy but I do feel much better after reading my contract a few more times and reading the advice on here.

Thank you very much