Employment help please

[black sabbath2]

Looking for some advice regarding employment please.I have worked for company A for almost 5 years,it has always run seperately from company B although its owned by the same directors.There has been rumours about the 2 companies becoming one,but nothing concrete.Today I was handed an envelope containing my P45 from company A,but had no written confirmation as to whether employment duties will change,or whether my service will be classed as continous with company B.The accountant (who serves both companies) said she was only carrying out her duties and that it had nothing to do with her.Our MD isn't renowned for his employment law skills,and has been hasty in the past to his cost.Its also obvious that the merging of the 2 companies will result in redundancies,so I am concerned that if i was to be laid off my service will not be counted,which will have an effect on my financial situation.I'm sure there will be more questions on this later on but these are the most pressing.

[anonymous-user]

I can't really help, but from reading your post, I have a couple of queries:

1. Have you been given a position at Company B, or have you just been given a P45 from Company A?

2. Your worry is that your effective time on job at Company B is 0 months, 0 years - therefore giving you zero entitlement for redundancy?

Do TUPE laws not come in to effect here? I.E. for all intents and purposes your employment runs as one whole continuous period of service - regardless of whether you work for Compnay A or Company B?

Crap situation though, I feel for you.

[black sabbath2]

Just handed the paperwork,and now that I have asked my line manager he says nothing will be changing for a couple of weeks .I hate this type of situation

[FNG]

At present it doesn't sound like you have a job with company B.

In which case I recommend looking for a new employer.

In fact, given the way they're handling this and it doesn't sound unusual for them, I'd be on the lookout regardless.

[V8mate]

Handed a P45 but expected to keep turning up for work? How does that work then?

Don't go back to work tomorrow, go to Citizens' Advice Bureau and ask for legal assistance. You have been (very inappropriately) made redundant.

[Red Devil]

If the MD isn't up to snuff on employment law you could be in for a battle to try and assert your rights.

If the companies merge you should AFAIK be covered under TUPE. Your service will carry over and be counted should redundancy kick in. However from what you have said so far it's not that simple. Your line manager hasn't a clue what he's talking about. A P45 is only given on cessation of employment. It will have an end date on it. So effectively you are no longer employed by Company A and could have been unfairly dismissed. To say nothing has changed is utter rubbish.

If you have not been taken on by Company B or have an offer of employment from them you could be working for nothing. Get down to your nearest Citizens Advice Bureau. Fast!

[JustinP1]

So you got handed a P45 without any kind of explanation?


I would just make an appointment with the MD and ask him straight, and get him to put in writing who you work for and who pays your wages and how.

[Eric Mc]

Have you been made redundant?

Have you been sacked?

You need to know.

As has been said, the CAB is where I would be heading pretty pronto.

[speedyman]

My understanding is:- If company A takes over company B = Merger (now one company)then all your employment rights are continous i.e. No changes

or

If company A and company B are seperate legal entities if you are moved to company B TUPE applies. T & C preserved except pension rights

If you have been given a P45 you have been sacked (possible wrongful dismissal)or made redundant. Make sure you get an answer in writting.

speedyman