TUPE or not TUPE

A question about : TUPE or not TUPE

Hello,

Thank you in advance for this message board, I hope that you can shed some light on the options available to me.

I have worked for a small company for 7 years, where I am the only employee along with the 2 directors. Three months ago, due to the business struggling, the directors made a deal of some sort with a larger company who have moved us to a new location. I think that they are basically winding up the old Ltd company and starting fresh with a slightly different name and a new director.

Being the only employee, I am stuck in the middle slightly. The company that has taken charge first tried to make me go self employed but I refused. I have been fighting my corner to try and get my continuous employment recognized as I believe TUPE should apply.

I finally managed to get a contract with this new employer (or more precisely a subsidery company of this employer) that states my original start date but this was only after continued requests and they refused to honour my original terms of employment so i am now working longer hours, travelling further and have lost sick pay, also they have now added that being laid off is a possibility whereas before I was never sent home if quiet etc. To be honest I just wanted something in writing that said I was still employed but am now wondering whether I should have signed anything at all.

To further complicate matters I am not receiving pay slips with my wages since this new company has been involved even though they have told me that I would on numerous occasions. It is my view that they are basically telling me that I have TUPE'd over now but are paying me as though I am self employed. My cheques contain the words, for and on behalf of company name.

I have now also received an RP1 form from the insolvency practitioner who is dealing with the old companies affairs and I don't know what to do really. I'm not sure that I want to continue working for this new firm due to the way they have treated me and I don't know what position I am in in regards to demanding my pay slips from the last few months. Also I am worried that If I don't take redundancy and try to keep my employment in the form of a TUPE transfer, they will just use the lay off clause in the new contract forced upon me to reduce my hours significantly, or start finding ways to get rid of me through disciplinary procedures.

Any advice would be greatly appreciated, thank you for reading.

Best answers:

• Thanks for the reply, I will try to arrange a meet with my local CAB. I have looked into all the rules and regulations, the thing is in reality it is not as clear cut as it seems when you are trying to keep a wage coming in.
  Thanks again