Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is ***** ***** it is my pleasure to assist you with your question today.
Was the takeover under TUPE?
No we were brought out
You mean the shares were bought out or was it an asset transfer?
The shares were brought by a Spanish parent company of the company that have now taken us over
ok thank you please leaver it with me I will respond on here with my full answer later today
Many thanks for our patience, I’ve been in tribunal today so did not have the chance to fully respond to your query. When the new company took over your employment, it is generally the position that your old term and conditions would carry over. Therefore, if they offered their existing employees better conditions there is no legal obligation on them to offer the same to you. Similarly, they can be selective over who they offer better terms to and who remains on their existing ones. You have checked your contract and you are only entitled to statutory maternity. They may offer better term to existing employees but they are not legally obliged to offer the same to you – they could have new employees on their existing terms and their existing employees on the ones they had. It is not unlawful to have such differences in entitlements (in other words the employer does not have to offer the same terms to everyone in the workplace). Morally this may not seem right but legally it is entirely allowed. There is nothing stopping you from trying to negotiate better terms but it is just that – negotiations and if they refuse there is little you can rely on to force them to offer you the enhanced terms.
I'm sorry if this is not necessarily the answer you wanted to hear but I hope you understand I have a duty to be honest and explain the law as it actually stands and sometimes this does unfortunately mean delivering bad news. Please let me know if you need me to clarify anything.
Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks
Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? I just need to know whether to close the question or not? Thanks
no I think you have answered thanks
You are welcome, all the best
when i try to rate it says you habe not finished answering
Apologies for that, there is a bug in the system which we sometimes get and it prevents you from posting your rating. Instead, you can just type your selection on here (e.g. OK, Good, Excellent) then we will process it manually later. Thank you
Ok thanks - rating good
Many thanks, ***** ***** best