I'm voting for Ahmed

No. Your terms and conditions of employment transfer to the new company
and you will counted as having continuity of employment.

No. The contract that you you have at the time of transfer is the
contract that is transferred. That is to say if you had, say, received
promotion a day or so before the transfer then you will be transferred in
the new position.

This is an area where TUPE gets messy. You have the right to to object
to your contract being transferred to the new company and you can object,
but this is dangerous if done without proper legal advice from specialist
solicitors [1].

If you continue to work for the new company the courts are likely to say
you have accepted the new contract. However, if you do not object and at
the time of transfer but walk out once you have started because there has
been a *substantial* change for the worse in your working conditions you
may be able to claim constructive dismissal. But IME constructive
dismissal is not an easy one to win but, obviously, can be done.

You do have a number of protections whilst the transfer takes place
(which I've cut and pasted from a previous post)

Your protection can be summarised as

° You must be informed and consulted during and after the process
by the old and new employers. Consultation means for the
purpose of TUPE "undertaken with a view to seeking agreement".
Agreement means consent from both parties and not one side
unilaterally imposing its view.

° The new employer takes over any TU recognition and collective
agreements (in force immediately prior to the transfer)

° The new employer takes over the contracts of employees
transfered or should have been transfered.
(there are exceptions)

° You can not be /fairly/ dismissed for a reason connected to the
transfer (but, hey, see the exceptions).

° The new employer cannot unilaterally worsen a term of employment.
(guess what we'll be looking at next.....)

Exceptions

° ETO
If the transfer is due to Economic, Technical or Organisational
reasons then TUPE doesn't apply.

Oh, but of course ....


[1] I can get numbers of proper industrial employment law solicitors if
you want but the CAB will probably be a reasonable starting point.

 

And if I've just changed jobs, within the organisation? Am I back on a
one-year sack-me-anytime licence, or am I considered has having been in
for two years?

I've decided I can't be arsed to apply for the other position, so it's
academic now...

I understand we're all being given new contracts, so even through we're
being transferred, the old contracts will cease to be valid. So if I'd
changed job a day before the transfer, I'd be issued with an old one and
have to sign a new one as well?

And, as I'm sure you said elsewhere (reading my mind), show me a sale
that isn't for economic or organisational reasons!

 

Your role within the organisation is irrelevant you have, and retain,
continuity of employment.

Yes. Although the new contracts should not be substantially different.

Most firms, its in their interest to keep things smooth, will stick to
TUPE.

It's important that you are consulted by the employer before, during and
after the transfer. Remembering the definition of "consult".

"Consultation means for the purpose of TUPE "undertaken with a view to
seeking agreement". Agreement means consent from both parties and not
one side unilaterally imposing its view.

 

Also the norm here is that if you move to a new and different job
elsewhere in the new company, that's when they'd ask you to take their
standard contract over your present one... Otherwise, as Simon says your
contract will remain the same.

There may be some slight differences which will be negotiated and
compensated for, but on a very superficial level. One I recall is where
free vending machine coffee was stopped, it then cost around 18 pence a
cup and everyone got something like a one off £150 lump sum to cover
their coffee consumption for the next 12 months at an estimated 3 or so
cups a day.

 

The comment from him was "Wreck it!", I think. A contemptible view. If
they want the UK out of the EU, they should be standing for our parliament
since that's where such a decision would be made. By setting out to
disrupt the operation of the EU they are affecting ALL of the EU,
including the people of those countries whole-heartedly in favour of it.

 

Well, me, obviously.

Yes. Nothing illegal in what they're doing, but I think that abuse is a
fair comment. If they declined to take their seats I might have a tiny -
almost microscopic - smidgin of respect for their actions.