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O/T Emplyment advice HELP.



Cornish seagull!

New member
Nov 18, 2010
872
Cornwall
I've just recieved a call from the director of the company i work for telling me that they have sold the buisness. The company has three sites but the new owners have only brought one of them meaning 2 will be wound up.
Luckily i am employed by the site that is set to be taken over but due to being off ill for the last year because of my illness, Im not sure where i stand with the new employers. Can they get rid of me? I don't have a clue who to contact and what to do. I'm waiting on results of my biopsy to see if its come back this is the last thing i bloody need.
 






Seagull kimchi

New member
Oct 8, 2010
4,007
Korea and India
I've just recieved a call from the director of the company i work for telling me that they have sold the buisness. The company has three sites but the new owners have only brought one of them meaning 2 will be wound up.
Luckily i am employed by the site that is set to be taken over but due to being off ill for the last year because of my illness, Im not sure where i stand with the new employers. Can they get rid of me? I don't have a clue who to contact and what to do. I'm waiting on results of my biopsy to see if its come back this is the last thing i bloody need.

That's a real turn of the cards that you didn't at all deserve friend. I wish you the best of luck with this new challenge.

My only advice is that the Citizen's Advice Bureau can be a really good resource at times like this. They are strong on Employment Law and it can almost be enough to say that you have met with one of their representatives.
 


ChilternGull

New member
Nov 3, 2011
188
Village near Oxford
It might be worth investing in a short interview with a competent human resources lawyer. It will cost a bit but might be worth it in the long run. Assume you are not in a Union but if so contact their HQ. If you are really cash strapped go to the CAB. As far as lawyers are concerned would recommend Bindmen's in London - details can be found via Google. What ever you do do not resign or agree to any changes to your contract of employment - it represents your best form of protection. The reality is that an employer can get rid of an employee at end any time (even when on sick leave) but you have rights and need to make sure these are protected. It would be reasonable for you to ask your "new" employers what their intentions are with regard to your future employment and for this to be stated in writing. I use to be a CEO in the NHS before leaving to run my own business so know a bit about this. Good luck, hope the biopsy is OK and that everything works out for you.
 


Doesn't TUPE apply? In other words ... your employment rights don't change when the company changes hands. The terms on which you have remained employed during your current illness will have to be honoured by your new employer. Question is, of course:- what are those terms?
 




Cornish seagull!

New member
Nov 18, 2010
872
Cornwall
Thanks for the above. Ive been doing a bit of research and the problem i see is that ive only been with the company 18mths but ive been off for nearly a year of it. I assume that you have to be at the company for 2 years before you have any protection. Ive just tryed to ring CAB and there was no one there lol.
 


Westdene Seagull

aka Cap'n Carl Firecrotch
NSC Patron
Oct 27, 2003
21,401
The arse end of Hangleton
Doesn't TUPE apply? In other words ... your employment rights don't change when the company changes hands. The terms on which you have remained employed during your current illness will have to be honoured by your new employer. Question is, of course:- what are those terms?

Is the correct answer just as long as the agreement is to buy the WHOLE business at that site rather than certain roles.

Cornish - it's already been mentioned but go and see an employment solicitor. Any decent solicitor will give you the first 30 minutes for free to see if you have a case.
 


Cornish seagull!

New member
Nov 18, 2010
872
Cornwall
I suppose ill have to wait to see what the plans are for the new owners. Thanks for the advice chaps feel a bit less stressed about it now. lol
 












nomoremithras4me

Active member
Apr 7, 2011
2,348
I've just recieved a call from the director of the company i work for telling me that they have sold the buisness. The company has three sites but the new owners have only brought one of them meaning 2 will be wound up.
Luckily i am employed by the site that is set to be taken over but due to being off ill for the last year because of my illness, Im not sure where i stand with the new employers. Can they get rid of me? I don't have a clue who to contact and what to do. I'm waiting on results of my biopsy to see if its come back this is the last thing i bloody need.

Been through a rough employment issue patch myself recently, I can give you a phone number for my brief if you want, he will give you some initial advice foc
 








METALMICKY

Well-known member
Jan 30, 2004
6,531
Some good advice in here and crucially good advice from a qualified employment solicitor is the way forward. You need to to see if this is a TUPE situation and its a shame you are not in a union as it can be quite a complicated issue.

You mention biopsy? If that unfortunately relates to the big C you should explore the Disability Discrimination Act.

Be very wary of CAB advice. My old job exposed many to be enthusiastic amateurs.
 


Willy Dangle

New member
Aug 31, 2011
3,551
Some good advice in here and crucially good advice from a qualified employment solicitor is the way forward. You need to to see if this is a TUPE situation and its a shame you are not in a union as it can be quite a complicated issue.

You mention biopsy? If that unfortunately relates to the big C you should explore the Disability Discrimination Act.

Be very wary of CAB advice. My old job exposed many to be enthusiastic amateurs.

This...explore DDA
 


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