Complex wording help

[Racehorse]

Can anyone help me understand what the following means:

If your employment is terminated at any time by reason of any reconstruction or amalgamation of the Company or any other companies belonging to the company, whether by winding up or otherwise, and you are offered employment with any concern or undertaking involved in or resulting from such reconstruction or amalgamation on terms which (considered in their entirety) are no less favourable to any material extent than the terms of this Agreement, you shall have no claim against the Company or any such undertaking arising out of or connected with such termination


Is this saying if I get worse terms, I cannot make a claim?

[timbo999]

Racehorse said:

terms which (considered in their entirety) are no less favourable to any material extent than the terms of this Agreement

I think this bit is saying you can't claim if the terms are as good as your present terms or better... the key being the highlighted word.

[Doofus]

If they end your job, but they offer you another job with the same or better terms, and you don't accept it, you can't claim against them for terminating your original job.

I'd want an assurance that TUPE would apply.

[Racehorse]

Doofus said:

If they end your job, but they offer you another job with the same or better terms, and you don't accept it, you can't claim against them for terminating your original job.

I'd want an assurance that TUPE would apply.

Isn't what is written basically TUPE?

[Doofus]

Racehorse said:

Doofus said:

If they end your job, but they offer you another job with the same or better terms, and you don't accept it, you can't claim against them for terminating your original job.

I'd want an assurance that TUPE would apply.

Isn't what is written basically TUPE?

Not as such. There's no provision for employment rights, just a denial of termination rights.

[Racehorse]

Doofus said:

Not as such. There's no provision for employment rights, just a denial of termination rights.

what do you mean employment rights? they are saying if terms are same or better?
Should I ask them for email confirmation then?

I don't think they will change wording of standard template contract

[Doofus]

Racehorse said:

Doofus said:

Not as such. There's no provision for employment rights, just a denial of termination rights.

what do you mean employment rights? they are saying if terms are same or better?
Should I ask them for email confirmation then?

I don't think they will change wording of standard template contract

TUPE (Transfer of Undertakings Protection of Employment) applies when you are moved from one company to another, following acquisition or restructure, for example, but your employement record is continuous.

So if you were at company A for five years, then moved to company B for a year, your period of employment is six years, not one. This is important when it comes to things like redundancy later down the line.

[Racehorse]

Doofus said:

Racehorse said:

Doofus said:

Not as such. There's no provision for employment rights, just a denial of termination rights.

what do you mean employment rights? they are saying if terms are same or better?
Should I ask them for email confirmation then?

I don't think they will change wording of standard template contract

TUPE (Transfer of Undertakings Protection of Employment) applies when you are moved from one company to another, following acquisition or restructure, for example, but your employement record is continuous.

So if you were at company A for five years, then moved to company B for a year, your period of employment is six years, not one. This is important when it comes to things like redundancy later down the line.

Thank you, would email reply from them to my question be sufficient?

[Doofus]

Racehorse said:

Thank you, would email reply from them to my question be sufficient?

I think, essentially, they can't opt out of TUPE, but it's better to be clear up front. Asking them the question will show them you're not a dope, but if and when they do move you, you'll have to sign a new contract (because you'll have a new employer), and there should be a TUPE confirmation clause in there.

But getting it in an email now should give you some peace of mind

[okgo]

Does it pay £100k tho?

[Racehorse]

Doofus said:

I think, essentially, they can't opt out of TUPE, but it's better to be clear up front. Asking them the question will show them you're not a dope, but if and when they do move you, you'll have to sign a new contract (because you'll have a new employer), and there should be a TUPE confirmation clause in there.

But getting it in an email now should give you some peace of mind

Thanks I asked question and was told that is not in reference to TUPE but if a TUPE scenario happened it would be treated like that?

[Doofus]

Racehorse said:

Doofus said:

I think, essentially, they can't opt out of TUPE, but it's better to be clear up front. Asking them the question will show them you're not a dope, but if and when they do move you, you'll have to sign a new contract (because you'll have a new employer), and there should be a TUPE confirmation clause in there.

But getting it in an email now should give you some peace of mind

Thanks I asked question and was told that is not in reference to TUPE but if a TUPE scenario happened it would be treated like that?

No, the clause itself isn't in reference to TUPE, but them moving your job would be. I'm not sure their answer is entirely unambiguous, but there's no real point in having a fight over something which may never happen.

The long and short of it is that if they try to move yiur job and you refuse, you'll be treated as if you resigned rather than got made redundant. If, however you agree to the move, the that's when you'll want to ensure TUPE works in your favour.

[Chipstick]

There's still time for a fourth thread this week from the OP around contract wording.

[Racehorse]

Doofus said:

No, the clause itself isn't in reference to TUPE, but them moving your job would be. I'm not sure their answer is entirely unambiguous, but there's no real point in having a fight over something which may never happen.

The long and short of it is that if they try to move yiur job and you refuse, you'll be treated as if you resigned rather than got made redundant. If, however you agree to the move, the that's when you'll want to ensure TUPE works in your favour.

and TUPE can kick in without it being mentioned in contract?

[MustangGT]

Racehorse said:

and TUPE can kick in without it being mentioned in contract?

Absolutely, it is legislation, I have never seen a reference to TUPE in a job contract.

[Doofus]

MustangGT said:

Racehorse said:

and TUPE can kick in without it being mentioned in contract?

Absolutely, it is legislation, I have never seen a reference to TUPE in a job contract.

In this instance, there's a chance the job the OP is given would be a different one. If it wasthe same, or a similar role, then fair enough. If however, they're saying "In the event of a restructure, if your job is terminated, but we offer you something else...", then I'd want written ackowledgement that they will apply TUPE.