Some legal employment advice needed!

[original PM]

Ok so I have a friend who has been working for a company as an accountant and package includes salary and car allowance.

The company he was working for was bought out and he was Tupe'd over to the new company.

The new company then made a few redundacies and they know want him to change roll but also the new roll does not include the car allowance.

My understanding is he has three options
1) Take the job and the pay cut and sign a new contract
2) Do not take the job - if the company then want to 'get rid' of him they have to make him redundant.
3) Leave.

The crux for me is that a company cannot simply remove benefits in kind from a contract and as such the existing contract inlcuding salary and car allowance is in place until such time as either he or the employer terminates it within employment law guidelines.

Can anyone clarify?

[GillsMan]

Can anyone clarify?

Yes.

Roll = moving by turning over on an axis. Or a bread-based product similar in nature to a bap.
Role = A function or position. Or a character or part performed by an actor.

HTH.

PS - you're correct that a company must take on contracts or offer redundancies. They are, however, free to negotiate with staff if they want to amend contracts or offer them new job roles.

[original PM]

many thanks for your pedantry much appreciated!

but cheers for the confirmation.

[Bellona]

The company he was working for was bought out and he was Tupe'd over to the new company.

The new company then made a few redundacies and they know want him to change roll but also the new roll does not include the car allowance.

Can anyone clarify?

The TUPE legislation provides that the employees transfer to the new employer on the same terms and conditions that they were previously employed, with all conditions, benefits and claims intact.

When the transfer is complete, employees should make sure they get an up-to-date written statement of employment, giving the name of the new employer and saying that their terms and conditions haven’t changed - Did he get this ?

It is going to depend on whether these changes are being requested as a part of the take-over or not: An employer can change an employee’s terms and conditions if the reason isn’t connected to the transfer.

The new employer can’t change an employee’s terms and conditions if the reason is:
• the transfer itself
• connected with the transfer and not an ‘economic, technical or organisational reason’ involving changes in the workforce (eg as a result of redundancies or a move from a managerial to a non-managerial position)
‘Economic’ reasons are to do with how the company is performing.
‘Technical’ reasons are to do with the equipment or processes the company uses.
‘Organisational’ reasons are to do with the structure of the company.

HTH

[eek]

Ok so I have a friend who has been working for a company as an accountant and package includes salary and car allowance.

The company he was working for was bought out and he was Tupe'd over to the new company.

The new company then made a few redundacies and they know want him to change roll but also the new roll does not include the car allowance.

My understanding is he has three options
1) Take the job and the pay cut and sign a new contract
2) Do not take the job - if the company then want to 'get rid' of him they have to make him redundant.
3) Leave.

The crux for me is that a company cannot simply remove benefits in kind from a contract and as such the existing contract inlcuding salary and car allowance is in place until such time as either he or the employer terminates it within employment law guidelines.

Can anyone clarify?

How long ago was the company taken over?

[original PM]

within the last month.