Co has sold all its shares to another co. Says its not a Transfer of Undertaking TUPE

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weston

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The company i work for has sold all of its shares to another company they say its not a transfer of undertaking but my recently acquired limited knowledge of this would indicate that it is, what questions should i be asking to insure my terms and conditions remain unchanged
 
Re: Transfer of undertaking

Your employer may be correct in what they are saying. Legislation around TUPE(Transfer of undertaking of permanent employees) applies only when there is, for example, an outsourcing of an existing service to another company

If all they have done is sold the shares, then you are still employed by the same company(even though other people own the shares) and your terms and conditions of employment should not change. Might be worth your while asking your employer in writing that there will be no changes to T&Cs following the sale
 
Re: Transfer of undertaking

agree with mpsox,


Only issue is Pension, if you have pension scheme check this out.

Terms of service remain unbroken.
 
Re: Co has sold all its shares to another co. Says its not a Transfer of Undertaking

So in fact the company now has new owners. Is your existing boss staying on. There should be a very detailed part of the share purchase agreement relating to employees and their rights.

They will probably not want you to see this, as it will list everybody's salary, rights etc, but you are not out of order to a letter clarifying your terms and conditions and pension remain due to the change of ownership.
 
Re: Co has sold all its shares to another co. Says its not a Transfer of Undertaking

As previously said - not a TUPE as you have not transferred nor has your job.

You are still working for the same company, doing the same job under the same terms and conditions - you dont have to do anything to ensure they say the same. The only thing that has changed is that the company has different shareholders (owners).
 
Re: Co has sold all its shares to another co. Says its not a Transfer of Undertaking

Thanks to all for advice
 
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