HRD & Payroll Solutions continues to bring HR Zone members a range of HR tips. This week’s tip looks at Transferred business.
Q: The family firm I have worked for for ten years is being sold to a larger organisation. I don’t want to work for the new firm because I feel it will be too impersonal. How do I go about leaving and what compensation am I entitled to?
A: I think you are being too hasty. The new employer cannot change your terms and conditions of employment, you are likely still to have your existing work colleagues, and do not assume that because a company is large it is also impersonal. I suggest that you give it a try and if, after a period, you find that you are unhappy, then look around for alternative employment. However if you do decide not to transfer with the business you should tell your employer. When the transfer of ownership takes place your employment then comes to an end. But it is not a dismissal and you will be entitled to no compensation. The law governing transfers guarantees that your employment will continue virtually unchanged.
Previous HR tips
Developing women managers
A promotion that failed
Fixing holidays
Holiday for temporary employees
A redundancy problem
Behaviour outside work
Suspension from work
Informing employees of new legislation
Deductions from wages
Children on site
Workplace affairs
Disabled workers
Attitude problems
Redundancy selection
Custom and practice
Working Bank holidays
Disciplinary and dismissal procedures
Time off work for funerals
References
Translating rules
Banning smoking at work
Burden of proof
Contracts of employment
Give it a go
Much better to seek alternative employment, if you decide you want to leave, from a job rather than resign without giving the new employer a chance.
Most employers under these circumstances know the employees will be unhappy with the change and prepared to support you through it for the sake of their investment if nothing else!
http://www.limeone.com
0870 240 4325
TUPE
The tip is correct but you are not without hope. You could ask for a severance package they may be stupid enough to give you one OR they may give you a package to stay!
they have a legal obligation to consult. You have an obligation to find out what their intentions are and what they are like. I did a TUPE and the majority initially wanted to retain their security blanket of size even though there was virtually nothing good about their size!
Peter Stanway