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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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My present employer has started up a new company and wants

Resolved Question:

My present employer has started up a new company and wants me to sign a new employment contract.
I have been working for my employer for 18 years. However TUPE is not being applied. In the new contract there is nothing that states (the date on which your period of continuous employment started remains the same and your continuous employment is not broken).?
I am concerned that if a sign this contract and in the event of the new company being dissolved i would not be entitled to 18 years redundancy payment. Any advice would be appreciated. Thanks Jim
Submitted: 1 month ago.
Category: Law
Expert:  Ben Jones replied 1 month ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 1 month ago.

If TUPE is not being applied then there would be no automatic transfer of employment from the current to the new company and as such your continuous service will be lost anyway. However, if TUPE did apply then this would happen automatically, regardless of whether there was any mention of this in the new contract or not.

So assuming that TUPE did not actually apply in the circumstances, I would push for the employer to make you redundant now from the current company and only then should you agree to sign a new contract for the new company. If the employer refuses to make you redundant now, then I would be asking them to include a clause in the new contract to confirm that your continuous employment is preserved and that it goes back to include the time with the old company.

So you want to cover yourself in every situation - either get the redundancy now for the service over the last 18 years, or if TUPE does not apply - get them to honour the length of continuous service from both companies by including a clause to that effect In the new contract.

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