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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 76021
Experience:  Qualified Solicitor
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HelloI have a problem with my company I'm on sickline On

Customer Question

HelloI have a problem with my company I'm on sickline On October 17, I got a p45 email without notice, their translation that I was taken over by another company, they did not provide the name of the company or any information
JA: Where are you? It matters because laws vary by location.
Customer: Belfast
JA: What steps have you taken so far?
Customer: I wrote an e-mail to them, but they reply that they are contacting someone to explain this process, how without my knowledge, another company can take me over and without any explanation, I don't even know its name, I don't know anything
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Thank you
Submitted: 18 days ago.
Category: Law
Expert:  Ben Jones replied 18 days ago.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Expert:  Ben Jones replied 18 days ago.

How long have you worked for this employer please?

Customer: replied 18 days ago.
On October 17th, I got a p45 from my company without giving notice or informing me in advance that something like this would happen when I wrote an e-mail to them what's going on is that a company that did not give me the name when I asked them about it is taking over me
Customer: replied 18 days ago.
11 years
Expert:  Ben Jones replied 18 days ago.

OK I understand and thank you for providing this information. Please leave it with me and I will get back to you with my answer as soon as I can, usually the same day. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Customer: replied 18 days ago.
I'm sorry, I don't speak much English, I'm Polish
Expert:  Ben Jones replied 18 days ago.

Many thanks for your patience, I am pleased to be able to continue assisting with your query now. First of all, I am sorry to hear about this situation and any associated issues.

It is possible for one company to take over another one and for you to automatically transfer over to them. This is known as a TUPE transfer. TUPE is the acronym for The Transfer of Undertakings (Protection of Employment) Regulations 2006. If they apply to a transfer, those employees assigned to the transferring business will automatically move to the new employer on their existing contractual terms and conditions. Simply put, the new employer would 'step into the shoes' of the old employer and the employees should start working for the new business as if nothing had changed, apart from the name of their employer.

However, you should have been informed and consulted over the proposed transfer and if they failed to do that and you only found out about it once you had transferred, you can potentially challenge them and accuse them of failure to carry out their legal obligations.

https://www.xperthr.co.uk/faq/what-happens-if-the-transferor-or-transferee-fails-to-consult-or-inform-adequately-on-a-tupe-transfer/19883/

If you had to make a claim for it you will need to contact ACAS, either online by filling in the following form (https://tell.acas.org.uk/find-a-solution-to-your-employment-dispute), or by phone on 0300(###) ###-#### They will explain the process and what happens next and get the ball rolling on your behalf.

Expert:  Ben Jones replied 18 days ago.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Expert:  Ben Jones replied 17 days ago.

I trust that everything has now been dealt with to your satisfaction and your original question has been resolved. If you have any further queries about it, please do not hesitate to get back to me on here. In the meantime, I wish you all the best.