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tdlawyer
tdlawyer, Laywer
Category: Employment Law
Satisfied Customers: 1096
Experience:  Lawyer with 9 years experience in employment related issues.
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We have taken on employees (Tupe) following a business aquisition

Resolved Question:

We have taken on employees (Tupe) following a business aquisition (they didn't have employment contracts) so I am issuing them with new contracts and I will put their start date as when we took the Company over. They may want their years of service with their old Company recognised - how do we get around this??
Submitted: 3 years ago.
Category: Employment Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, welcome to the website. My name isXXXXX can assist you with this.

tdlawyer :

What is the issue exactly - that you don't want to recognise their length of service, or that you don't know what it is?

Customer:

Do we need to include their previous service (with the Company we aquired) in the contract?

tdlawyer :

Yes, you do need to do this. The effect of TUPE is that their employment continues with you on the same terms and conditions as previously and their previous continuous employment is recognised.

Customer:

So - how do we do this - do we put their start date back to when they started with the aquired Company or is their an additional paragraph we can insert - if so can you suggest the wording

tdlawyer :

You can put something like: "Your start date with us (your company) is xx.xx.xx, but your period of continuous employment is recognised as starting from aa.aa.aa (old company); this arises following our acquisition of the business of (old company)".

tdlawyer :

That way, you record both dates.

Customer:

Muchas Gracias

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