contract swap over - Advice Needed

**LisaContractorUmbrella** · 28 January 2014, 13:19

IANAL but I don't think you would have entitlement to 4 weeks pay if the new company is taking you on under the same terms and conditions as the previous company - the liability to give 4 weeks notice of termination would simply pass to the new company.

**bluenose81** · 28 January 2014, 13:38

Hi,

all they said was they will review us until JUNE then more likely get rid of us.

So is it correct they must continue the same agreement as im currently on same wage etc daily rate and if they don't do that then I guess I have a case.??

IM just trying to Plan ahead because I know that if I was with this current company they would of kept us but because its a new company theyre changing everything and practically bringing their own in.

**LisaContractorUmbrella** · 28 January 2014, 14:01

Originally posted by bluenose81 View Post

Hi,

all they said was they will review us until JUNE then more likely get rid of us.

So is it correct they must continue the same agreement as im currently on same wage etc daily rate and if they don't do that then I guess I have a case.??

IM just trying to Plan ahead because I know that if I was with this current company they would of kept us but because its a new company theyre changing everything and practically bringing their own in.

If they don't provide you with a new agreement then the terms of the old one will remain in place and I believe that they must abide by them but as I said I am not a lawyer

**DirtyDog** · 28 January 2014, 14:27

Originally posted by bluenose81 View Post

The other company needs to provide me with a new agreement...(Am I correct in thinking this?)............

No, they don't have to give you a new agreement. The existing agreement should continue until the end of it. That's what my current client did when they were taken over.

Originally posted by bluenose81 View Post

Am I right in thinking if my current company do not terminate my agreement by the 1st February (in the agreement it states 4 weeks written notice)

So Then I am entitled to claim 4 weeks full pay for not terminating My Contract if they Do not Terminate?

If no-one terminates the agreement, then it continues until the end of the contract or until someone terminates it. You continue to provide services under the existing agreement. If the contract is terminated without notice, then you could argue that you are due payment in lieu of notice.

Originally posted by bluenose81 View Post

To me this is Breaching my current contract...I don't know if im right but please correct me if I am wrong as I am new this year to LTD Company so am still learning.

Everyone is confused onboard as it is including the permanent staff cuss it has been sprang like a blink of an eye. ( We all do think thou that the company has known about this a long time and just lied to everyone.

The company I am currently with is in England UK but I work abroad overseas for them in the Middle east.
Thanks

Given the nature of where you work, you should check the contract to see what the jurisdiction is in case of dispute. You should then check the contract law for that jurisdiction.

**bluenose81** · 28 January 2014, 16:48

Given the nature of where you work, you should check the contract to see what the jurisdiction is in case of dispute. You should then check the contract law for that jurisdiction.[/QUOTE]

Hi Thanks for the info :-)

The Contract Law is in England mate.

WHat if they turn around and try and Lower my wage???

Thanks For the help to all by the way I am just jumping ahead and getting some info and preparing myself as theyre a bunch of ''don't really have a clue hows''

If they turn around and say a lower wage, Then what am I entitled to do if its supposed to come under same terms and conditions?

Thanks.

**LisaContractorUmbrella** · 28 January 2014, 16:52

This may give some answers to the employees Answers to Common Tupe Questions - www.employmentadvice4u.co.uk but I am not sure whether or not the rules here could be applied to a contractor

**DirtyDog** · 28 January 2014, 17:52

Originally posted by bluenose81 View Post

WHat if they turn around and try and Lower my wage???
...
If they turn around and say a lower wage, Then what am I entitled to do if its supposed to come under same terms and conditions?

Then you either accept the new contract on offer, or you don't. If you don't accept the new contract, then your client has the choice of either keeping you on the same contract, or terminating the contract. If they terminate the contract, then they should do that in line with what the terms of the contract say.

This is what being in business is about - you negotiate. If you cannot form an agreement, then one party needs to terminate the contract.

**DirtyDog** · 28 January 2014, 17:52

Originally posted by LisaContractorUmbrella View Post

This may give some answers to the employees Answers to Common Tupe Questions - www.employmentadvice4u.co.uk but I am not sure whether or not the rules here could be applied to a contractor

First question - What is TUPE?

“TUPE” is a law that governs the transfer of employees...

So it isn't going to apply here.

**bluenose81** · 28 January 2014, 20:48

Originally posted by DirtyDog View Post

First question - What is TUPE?

So it isn't going to apply here.

So If its not Going to apply here for Contractors what is this? - Contractor changeovers still covered by Tupe - People Management Magazine Online

contract swap over - Advice Needed