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Original poster

Company taken over, change on contract

5 replies

Lke123 · 05/07/2022 21:39

I have worked for a company for around a year that has recently been bought out by a much larger company. I have just been issued a new contract and in it, it says I will be issued with a P45 from my current company. Does this mean I will lose my tenure and start over? ie will it take another 2 years to be protected or does TUPE protect my original start date?

Any help on this would be much appreciate!

OP posts:
Jalisco · 06/07/2022 08:20

If this is a TUPE - I am assuming it is, but there are some takeovers which aren't - then no, your existing service is protected.

BuanoKubiamVej · 06/07/2022 08:42

The thing is that because you currently have under 2 year's service you can be dismissed for any reason, or for no reason at all so long as there's no discrimination on the basis of a protected characteristic. So the proposal that they dismiss you from the old company and re-employ you by the new owner is an improvement on that

Now, an ethical employer that isn't looking to shaft employees probably wouldn't do this. So that tells you something.

You can object, obviously. If you do then it's nuch more likely that they will just dismiss you and not give you a new contract, rather than them saying "oh yes silly us of course we'll use TUPE protocols instead"

Personally I would be going along with it but jobhunting elsewhere.

prh47bridge · 06/07/2022 11:55

BuanoKubiamVej · 06/07/2022 08:42

The thing is that because you currently have under 2 year's service you can be dismissed for any reason, or for no reason at all so long as there's no discrimination on the basis of a protected characteristic. So the proposal that they dismiss you from the old company and re-employ you by the new owner is an improvement on that

Now, an ethical employer that isn't looking to shaft employees probably wouldn't do this. So that tells you something.

You can object, obviously. If you do then it's nuch more likely that they will just dismiss you and not give you a new contract, rather than them saying "oh yes silly us of course we'll use TUPE protocols instead"

Personally I would be going along with it but jobhunting elsewhere.

There is no mention of dismissal in the OP's post. Some PAYE changes can require the employer to issue P45s to employees. Some changes that don't need a P45 require the employer to give the employee written information about how much they have been paid and how much tax and NI has been deducted. Without knowing more it is impossible to say what is happening here.

Original poster
Lke123 · 06/07/2022 14:07

Thanks, that’s useful to know a P45 doesn’t automatically mean dismissal then rehired. I will speak to them to hopefully find out more

OP posts:
smileandsing · 06/07/2022 14:16

If you're transferring under TUPE your length of service is protected. All employers should issue a P45 when you leave their employ.
Why don't you just ask if you're unsure? Surely they are supporting staff though the transition process

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