help

[Helabela]

If a company are being bought by another, and staff are going to be working for the new company, what may happen if they do not require all of the staff going over to that new company? And if a member of staff is pregnant but the new company dont want or need them, will they still get made redundant?? and if so what happens to maternity pay?

 

[MrsRH]

this is happening to my husband so I can tell you what's happening with him.
He has gone into a 'pool' with the people from the other company and they will be interviewed for the jobs in the new combined company. If he doesn't get the job, he will be made redundant.

I think you will be protected to some degree; they can't discriminate because you are pregnant so automatically get rid of you. You maternity pay should also be protected. Check what's in your contract abput termination of contract/redundancy.

ACAS or the CAB will be able to help with any employment law issues if they arise. Because you are pregnant, employment law is strongly on your side.

hth
Rachael
xxx

 

[tricky nicky]

i was part of a tupe takeover look it up its quite complicated, i kept my job but i think they can make people redundant, not on the basis of being pregnant though

 

[kit603]

I'd suggest speaking to an employment specialist so you know what to expect early on instead of waiting for them to tell you that you've been made redundant or something

 

[daddy.danno]

Thats a good question.

As i am aware...

A company whom is buying another company has to offer all the workers equal rights to the jobs thats available.
Everyone has to re apply for that job, so everyone is in an equal position.
If you are not selected you can still take it to tribunal for unfair dismissal.

There are regulations that govern what happens to employees when someone new takes over a business.

"Quote.."

Existing employees of your new business

These apply to all employees when a business is transferred as a going concern, meaning employees automatically start working for the new owner under the same terms and conditions. Workers are protected under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE), when all or part of a business is bought or sold, the terms and conditions of the employees who transfer in the sale are preserved. In other words, in almost all the cases the new employer cannot change the transferred employees' terms and conditions to match those of its existing employees.

Employment tribunal awards

When you buy an existing business, you might decide you need to employ fewer staff. But be careful about making any changes, as an employee might take a case to an employment tribunal for unfair dismissal or unfair selection for redundancy. It's best to consult a solicitor before making any such changes.

Inform and consult employees

If you do want to discuss reducing employee numbers or reorganising staff, it's a good idea to do this once you've completed the due diligence period, but before you take over the business. As the new employer you should inform and consult all employees - including employee representatives - who may be affected

Being Pregnant - You are far more protected in the workplace legally due to this.
Obviously if they do not choose you, you can take the matter further and question there decisions and obviously link it and ask was there decision based on the fact you are prgnant? do they see this as a disability? do they see this is a way of you not doing your job?

i believe if your made redundant you wont be entitled to your work maternity pay, but you should still be elligable for the government maternity.



Good luck!

 

[Kacie]

I worked in a call centre that was closing down.. all the staff were told in advance and a lot of them actually planned pregnancy around this... it seemed to benefit them well as they could claim their remaining holiday, then maternity leave and then have their redundency package at the end of this.

I'm not sure of the legalities but it certianly seemed to work out well for them to be made redundent at that time (esp if they weren't planning on returning to work after the child was born).