Taken on by tupe but not sure I was

[k22wes]

I have been working for a franchise for the past 7 years. The boss closed down his business and went insolvent. The franchise in the next area to us took over our area. Us 3 service engineers where aparently kept on under the tupe rules. My question is how do I know I have been taken on under tupe and not just been reemployed by the new franchise company? I have never had to sign a new contract or had anything in wrighting.

[edc]

You know when they pay you the same, you have the same holiday entitlement etc. Rather than waiting for the situation to happen to you why don't you provide the new company HR or senior manager a copy of what you believe your current T&Cs are and when you started with the previously insolvent company ie your continuous service date.

[k22wes]

I don't have a contract from previous or current employer. I have been with the new employer for 5 months, but due to increased work load and a lot bigger area to cover I am looking to leave. I suppose I am asking if I need to give any notice or can I just quit?

[Marcellus]

It's been a few years since I was dealing with stuff like this but iirc by law you should have a letter from your old employer from when you started with them stating your pay, hours, holiday entitlement and place of work for the rest they can refer you to the manual.

SO, unless your new employer has sent you a revised letter stating this then your initial one is still current.

[anonymous-user]

Strictly speaking, you should usually have been informed and consulted about the proposed transfer before it happened, but maybe never mind that now, and things may have happened rather fast without much pre planning because of insolvency. From what you say, your employment has been transferred with the business, so you now have a new employer but are still employed on the pre transfer terms.

You should give the notice that your previous terms require.

You do have a contract, albeit that it may be one made orally or by conduct. A contract of employment doesn't have to be in writing (although the employer is obliged to give you a written statement of basic terms of the employment).

Edited by anonymous-user on Sunday 26th July 07:38