Employment Lawyers Can Answer Your Employment Law Questions
As far as I am aware yes. I have spoken to HR department at the previous employer but they no longer have my contract details as it was four years ago.
The fact that there is no heading or signature on the document does not mean that it is not legally binding – these are not legally necessary for it to be binding. The law protects you under TUPE in a sense that it transfers all of your existing contractual terms and conditions from your previous employment to your new one. If you had the entitlement in the previous job then you will retain it in the new one. You may not have your old contract any longer but this document will serve as some evidence of what had transferred and what your current conditions are. If the employer refuses to honour it then you are able to claim that it amounts to a breach of contract or unlawful deduction of wages.
In order to try and resolve this, the employer should be contacted in writing, advised that this is being treated as unlawful deduction of wages and ask them to pay back the money within 7 days. Advise them that if they fail to pay the money that is owed, legal proceedings could follow.
If the employer does not return the money as requested, the following options are available:
Hopefully by warning the employer you are aware of your rights and are not going to hesitate taking further action they will be prompted to reconsider their position and work towards resolving this.
I hope this clarifies your position? If you could please quickly let me know that would be great, as it is important for us to keep track of customer satisfaction. Thank you
Thank you for your answer, it clarifies my position greatly. Will save me a lot of time searching for answers. Excellent service
many thanks and all the best