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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50170
Experience:  Qualified Employment Solicitor
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The company that i work been bought out by another

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The company that i work for has been bought out by another company, but still trading under the original company name.Without telling me they have changed my rate of pay but i have a contract of employment stating my rate of pay,also they have cancelled my pension and started another without asking me,can they do this without consulting myself ?
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. How long have you worked there for (including time prior to transfer)?
Customer: replied 2 years ago.
Hi Ben
I have worked for the company for 27 months ?
Were you told that TUPE applies to the transfer?
Customer: replied 2 years ago.
Nobody told me anything,i did'nt even know that the company was being taken over until it had happened ?
Customer: replied 2 years ago.
The new company have been paying me my original rate of pay for the last two months and then three weeks ago they just dropped my rate of pay ?no consulting nothing !
ok thanks let me get my response ready and I will get back to you on here
just one more question - do you know when they were bought out how it happened - did they buy the shares of the old company?
Customer: replied 2 years ago.
I would'nt know for sure,all that i know is that they bought the company out and carried on trading under the same name !
Customer: replied 2 years ago.
all that i know is that they are trading under the old company name and paying me through the new company ?
Your rights will depend on how the purchase was made. If this was a takeover of the assets and goodwill (not shares) then a law known as TUPE will apply. If TUPE applies to a transfer, those employees assigned to the transferring business will move to the new employer on their existing terms and conditions. Simply put, the new employer will 'step into the shoes' of their old employer and the employees should continue working for the new employer as if nothing had changed. The above is the ideal outcome, although post-transfer difficulties may often arise. For example, the new employer may wish to try and change some of the incoming employees’ terms and conditions. However, under Regulation 4(4) of TUPE any such changes are automatically void, unless the employer can show they were in no way connected to the transfer or if they were necessary for an economic, technical or organisational reason (ETO reason) subject to employee agreement or the terms of the contract permitting the change. Some employers may try and justify changes by arguing that they are needed due to harmonisation and therefore rely on an ETO reason. However, Government guidance and case law has restricted the application of harmonisation as a genuine reason to amend a person's terms of employment. I do not see it being a valid reason here. It is for the employer to prove that a proposed change is permissible under TUPE and if there are concerns that the changes cannot be made, this can be challenged by raising a formal grievance first and then considering making a claim in an employment tribunal. This is your basic legal position. I have more detailed advice for you in terms of the steps you need to take if you are to take the matter further, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, leaving a rating will not close the question and we can continue this discussion. Thank you
Ben Jones and other Employment Law Specialists are ready to help you
Thank you. There are a couple of options. First you can try pursuing this as a breach of contract or 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:1. Employment Tribunal - the time limit to claim is only 3 months from the date the deductions were made. To make the claim, form ET1 needs to be completed and submitted - you can find it here: County Court – this is an alternative way to claim and the advantage is that the time limit is a much longer 6 years and is usually used if you are out of time to claim in the Tribunal. The claim can be made online by going to: ***** ***** 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. If the situation is not resolved your only option is to resign and claim constructive dismissal.