Company taken over - legally do our Ts and Cs transfer?

M

Mauraf

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Hi...
Wondering if anyone can advise...the company I work for was taken over by a large mnc last year...just going through the contractual issues now.

I thought your current Ts and Cs had to automatically transfer across? Just see now - they are not offering bonus (mine was 20%),but giving a lump sum annually instead....which doesnt come near this 20% of my salary. Few things taken from us like that - but do be fair, we are also 'getting' things like maternity benefit that we didnt get before...

Can they do this though? re the 20% bonus?? I got my contract last week and it was the first mention to me about this been taken! We can refuse to sign and stay on old contracts....but I dont know if thats a good thing in todays climate....will I be 'ear-marked' if I refuse to sign...

Any ideas anyone?

Maura
 
You should go threw TUPE which is where you transfer you rights from the previous contracts and negotiate new ones. You will nominate someone from your company to negotiate with the new one
 
Is 20% bonus explicitely stated in contract

Was it given over a period of years (custom and practice)


These maybe pointers to grounds you have for retention of bonus

Under TUPE, only changes are pension scheme is not covered (as maybe old comapny pension scheme), you maybe offered renumeration or alternative pension scheme.
 
Thanks for advice all....the 20% was explicity stated in my original contract.....but is not there in my new one. I have requested clarity on what the lumpsum figure ( that is a lumpsum per annum), is in compensation for...so am waiting to hear back...
Now wondering if I should take the lumpsum (like a pay increase), and just not argue over a bonus in the current climate...!
 
Mauraf said:
Now wondering if I should take the lumpsum (like a pay increase), and just not argue over a bonus in the current climate...!
Click to expand...
It would not be unreasonable for you to ask the employer to provide details of their financial situation if they are expecting you to take a cut.
 
There's loads of threads on this already. Search under TUPE or look at the DETE website.
 
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