Working for a different Group subsiduary
Working for a different Group subsiduary
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Discussion

Mattt

Original Poster:

16,664 posts

245 months

Thursday 6th May 2010
quotequote all
I'm about to transfer to a different Ltd company still under the main Group PLC. I'm told I have to sign a new contract with amended terms etc - which I still need to receive & review.

I'm told that my continual date of service will be from when I joined the 'Group', but in order to cover myself in case of redundancies etc - do I still have the rights of an individual who has been there more than 12 months? Or will, legally, my start date be the date of the new contract?

I've worked for the Group for 2 years so far, and have been working for this other Ltd on a secondment basis for the last year - this is just a formalisation of it.

speedyman

1,628 posts

261 months

Thursday 6th May 2010
quotequote all
I don't thinks that's legal, your job is being moved to a "new company" and you are being moved with it. You should be being being tupe'd and then your current terms and conditions are protected.

Seek legal advice quick.

Speedyman

ClassicMercs

1,703 posts

208 months

Thursday 6th May 2010
quotequote all
Don't sign anything - unless its got better terms of course (as if) !!

Mattt

Original Poster:

16,664 posts

245 months

Friday 7th May 2010
quotequote all
I should've made it more clear - I've looked around internally for a new position, and this new position is with the other Ltd company.

The company have said my continuous start date will be the original one.

Does this make any difference?

Alicat

248 posts

257 months

Saturday 8th May 2010
quotequote all
Been in this position my self. Worked for the parent plc, seconded to a subsidiary, then moved over fully to the subsidiary. Subsidiary then up for sale, moved back to the plc to deal with the sale, then made redundant (my own choice didn't want to be TUPE'd to the new owner). All employment was treated as continuous from the day I first joined the plc, and I got the benefit of working the T & C's to get the best for me e.g. better car , more holiday etc. Just make sure you negotiate and get things written in to T & C's

Mattt

Original Poster:

16,664 posts

245 months

Saturday 8th May 2010
quotequote all
Yeah I've been through the T&Cs with them, and they are better in most respects - i.e. 20% less hours, flexi-time, additional allowances, better expenses policy etc.

The only negative point is they've amended one standard Company clause to effectively state I must travel internationally when required. I wanted to get a caveat in there to state down to mutual agreement over location and defined notice periods, but they are digging their heels in over it. They've conceded a few other points, so I think I'm as far as I will get with them.