Employment - Can I be made to work for a different company?

[porterpainter]

The company I am contracted to work for is a subsidiary of a group. The group recent bought another company that is effectively a sister company of the company I work for. After the sister company’s acquisition, myself and my colleagues are being asked to do similar work to our current roles, but for the sister company in addition to what we do currently for our employer.

There has been no TUPE, nor merger of my company and the sister company - the companies operate independently.

I’ve tried to do some research, but most stuff online seems to be about working different roles in the same company or when a merger happens, which isn’t the case here. I would like to understand if legally I can be made to work for a third-party company? Also, what relevant legislation I should be looking at to fight my case if I want to refuse.

I have capacity to do the additional work, so I’m sure some will say from a moral perspective I should do it, but I’m immoral. I would like to refuse to do anything other than work for my employer.

TL:DR - I don’t want to work for a different company than my employer, can they legally make me?

[poo at Paul's]

porterpainter said:

The company I am contracted to work for is a subsidiary of a group. The group recent bought another company that is effectively a sister company of the company I work for. After the sister company’s acquisition, myself and my colleagues are being asked to do similar work to our current roles, but for the sister company in addition to what we do currently for our employer.

There has been no TUPE, nor merger of my company and the sister company - the companies operate independently.

I’ve tried to do some research, but most stuff online seems to be about working different roles in the same company or when a merger happens, which isn’t the case here. I would like to understand if legally I can be made to work for a third-party company? Also, what relevant legislation I should be looking at to fight my case if I want to refuse.

I have capacity to do the additional work, so I’m sure some will say from a moral perspective I should do it, but I’m immoral. I would like to refuse to do anything other than work for my employer.

TL:DR - I don’t want to work for a different company than my employer, can they legally make me?

Short answer is no, but yiu do need to check your current contract.
They can of course TUPE you over, but I think you’d have an option to say no to that if yiu have good reason to, then they’d have to find a solution of lay you off.

[Decky_Q]

As they havent merged but simply have the same owners, could it be that your current company have taken on the new company as a client, and are charging them for the services you would be providing?

If so it's hard to refuse to do work for any customer regardless of owner.

[BertBert]

From what you have said, you are still working for the same company. The one that pays you and has your employment contract. They have just added some more activities as directed by someone else as far as I can see. So yes I think they can direct you to do other work.

[porterpainter]

Mix of answers I see, but thanks for the input.

For clarity, I work in the back office function of my company, I am not charged out/contracted out nor do I do work for customers.

[ozzuk]

The scenario sounds more like BertBert has described, in which case unless the work is substantially different I'd agree you have no pushback. It sounds like you are doing the same job, you just have a wider area/more customers.

If it means more travel/more responsibility you could ask for an uplift, you'd likely be better doing it for a few months and prove how much value you add and highlight the differences in role.

[Simpo Two]

ozzuk said:

you could ask for an uplift

Is that corporatespeak for 'payrise'? I noticed today that the BBC used the word 'uptick' instead of 'increase'.

[riskyj]

Simpo Two said:

Is that corporatespeak for 'payrise'? I noticed today that the BBC used the word 'uptick' instead of 'increase'.

In my experience ‘uplift’ is usually proceeded by the word ‘temporary’. Temporary uplift is often used if you were taking on additional responsibility for a fixed period of time, as opposed to a permanent pay rise.

[AlvinSultana]

porterpainter said:

I have capacity to do the additional work, so I’m sure some will say from a moral perspective I should do it, but I’m immoral. I would like to refuse to do anything other than work for my employer.

TL:DR - I don’t want to work for a different company than my employer, can they legally make me?

So when the company needs to shed some dead wood will you be sure to post here saying that you did not deserve to be chosen over all the other people that are still employed ?

If your workload was being increased without additional compensation then you have a point, but you are basically asking if you can get away with being an ahole just because you like being an ahole.

I bet your colleagues think you are a top bloke.

[Sebring440]

AlvinSultana said:

So when the company needs to shed some dead wood will you be sure to post here saying that you did not deserve to be chosen over all the other people that are still employed ?

If your workload was being increased without additional compensation then you have a point, but you are basically asking if you can get away with being an ahole just because you like being an ahole.

I bet your colleagues think you are a top bloke.

This.

I really don't know what the OP's problem is.

[Actual]

What company or companies puts the money in your bank account?

If your contracted employer pays then you are working as required by your employer.

If a company other then your contracted employer pays then they need to account for your tax, national insurance, pension and have employer liability insurance and how did they get your personal details?

[Zeeky]

It's not possible to answer this question in any meaningful way without sight of your contract of employment.

[anonymous-user]

Actual said:

What company or companies puts the money in your bank account?

If your contracted employer pays then you are working as required by your employer.

If a company other then your contracted employer pays then they need to account for your tax, national insurance, pension and have employer liability insurance and how did they get your personal details?

If company A employs the OP and company A acquires company B then any services A provides B are likely charged to B. There is no change to the OPs terms - except their easy life seems to have been rumbled!

Hard to see what the problem is.

[Puzzles]

ozzuk said:

If it means more travel/more responsibility you could ask for an uplift, you'd likely be better doing it for a few months and prove how much value you add and highlight the differences in role.

From what I’ve seen you are better off agreeing the pay increase upfront.

[DanL]

porterpainter said:

The company I am contracted to work for is a subsidiary of a group. The group recent bought another company that is effectively a sister company of the company I work for. After the sister company’s acquisition, myself and my colleagues are being asked to do similar work to our current roles, but for the sister company in addition to what we do currently for our employer.

There has been no TUPE, nor merger of my company and the sister company - the companies operate independently.

I’ve tried to do some research, but most stuff online seems to be about working different roles in the same company or when a merger happens, which isn’t the case here. I would like to understand if legally I can be made to work for a third-party company? Also, what relevant legislation I should be looking at to fight my case if I want to refuse.

I have capacity to do the additional work, so I’m sure some will say from a moral perspective I should do it, but I’m immoral. I would like to refuse to do anything other than work for my employer.

TL:DR - I don’t want to work for a different company than my employer, can they legally make me?

Which company is giving you the extra work, and paying you for it? If your manager is saying “can you also do X for company B?”, but your company are the ones asking and are the ones paying you then I’m struggling to see what your objections are. You’re still working for your company.

If some random from company B is asking you to do some work for them as well, then I suppose you’d refer them to your manager (who either says yes, in which case you do it, or no and you don’t).

At some point, if the companies do similar things, they’re likely to be merged by the parent company to realise cost savings in role duplication (HR, legal, accounting, etc.) - at that point, do you want to be the person who’s already working across both companies and so has a role, or the person who isn’t and is going to be shown the door?

[porterpainter]

Thanks for the comments.

Not really seeing any comments with any evidence/legal backing. Don’t really care about other people’s moral judgements either.

I am being asked to do things for the sister company by both my management, and directly from the management of the sister company.

Sister company has different processes, issues and unknowns. I am being asked to be responsible for things I have no prior knowledge of, and there is no one to hand over.

My role is a professional one, and doing something wrong/incorrect for either company could result in me being sanctioned/losing my designation.

I don’t want to take on those responsibilities for the sister company.

[Sebring440]

porterpainter said:

I don’t want to take on those responsibilities for the sister company.

What was the response when you told them that?

[porterpainter]

They said the would review the situation in 6 months, but in the interim they have been asking me to do things anyway.

So far I have completed the work, but stating that I don’t take any responsibility for the accuracy or completes of the work for the sister co stuff.

[AlvinSultana]

porterpainter said:

Thanks for the comments.

Not really seeing any comments with any evidence/legal backing. Don’t really care about other people’s moral judgements either.

I am being asked to do things for the sister company by both my management, and directly from the management of the sister company.

Sister company has different processes, issues and unknowns. I am being asked to be responsible for things I have no prior knowledge of, and there is no one to hand over.

My role is a professional one, and doing something wrong/incorrect for either company could result in me being sanctioned/losing my designation.

I don’t want to take on those responsibilities for the sister company.

Interesting that you have decided that there are genuinely proper reasons for your incalcitrant attitude.

I don’t imagine your employer would enjoy reading your remarks.

I think everyone should have the pleasure of employing people at least once in their lives. The unbridled joy of dealing with slugs with your outlook is a fine and rare pleasure which never fails to add to one’s day.

[AndyAudi]

porterpainter said:

I am being asked to do things for the sister company by both my management, and directly from the management of the sister company.

Sister company has different processes, issues and unknowns. I am being asked to be responsible for things I have no prior knowledge of

I don’t want to take on those responsibilities for the sister company.

it’s pretty clear that whilst you don’t want to do it, they expect/want you doing it.

I think you need to consider what happens if you don’t, is there someone else to pick it up?