One of my full timers also works for the academy in his spare time. This morning he received a letter from Fisher stating everything in the garden was rosy. It also stated his employment is being transferred over to Otium.
Standard practice or premature?
Surely, if as Fisher has stated, all staff are employed by Holdings, why do the staff need to be transferred over?
One of my full timers also works for the academy in his spare time. This morning he received a letter from Fisher stating everything in the garden was rosy. It also stated his employment is being transferred over to Otium.
Standard practice or premature?
Employees could initially ask the sender of the letter for a copy of the contract of employment they signed.
That should be fun, but may not be wise for an individual with a family to support, so caution required.
Take your point, but an employer can't sack you for asking about details regarding your employment. That really would get them in front of a tribunal!
One of my full timers also works for the academy in his spare time. This morning he received a letter from Fisher stating everything in the garden was rosy. It also stated his employment is being transferred over to Otium.
Standard practice or premature?
does it state where his workplace will be ???
It may be that Otium will takeover holdings as well and bring the two companies together. I don't know.
Nope. Just that the garden's rosy and lovely.
Otium already own Holdings - have done since April 2011
...If he works for CCFC Ltd, then very dodgy I would think, given it's under the control of the Administrator. If he thought he worked for Ltd, then I'd ask them to provide evidence that he doesn't - contract of employment might be a start...
Nope. Just that the garden's rosy and lovely.
And again TUPE would be in force which gives a lot of protection. Beware though, the length of time TUPE is in process is very unclear.
Otium already own Holdings - have done since April 2011
Otium already own Holdings - have done since April 2011
How so Crowsnest ,there have been no books no activity and recently acquired two new directors?
Surely, if as Fisher has stated, all staff are employed by Holdings, why do the staff need to be transferred over?
Right lets clear a few things up seeing as employment law is my area of expertise.
TUPE only applies when a position (ie a job, post, body of work, whatever you want to call it) transfers directly from one company to another with no change to that job role.
So if employee X is employed as a cleaner with CCFC ltd and that company is going to be taken over and completely absorbed into CCFC holidings then holdings becomes the employer and employee X would have to tupe from CCFC ltd to Holdings.
Everyone with me so far.
If, as we are led to believe, Otium are the new owners of CCFC ltd which is to remain a separate entity then all employees of CCFC ltd (if indeed there are any) remain employees of Ltd and nothing has changed so far as the law is concerned and TUPE does not apply.
Regardless of who owns what or who owns who in this whole mess there should be no TUPE of staff to Otium currently as both CCFC ltd and CCFC holdings still exist. If they were to be bought together later on as a subsidiary of Otium then TUPE may apply but not before.
Always good to have a lawyer on board, but isn't this exactly what Fisher is talking about in his letter? A transfer from Holdings to Otium.
"The purpose of this letter is to let you know that it is accordingly intended that your contract of employment will transfer to Otium, which is the immediate parent company of CCH. In the case of playing staff registered with the Football league and the FA, it is proposed thatt the transfer of employment will follow
approval by the Football Leagueand the FA. In all cases, your terms and conditions will be unchanged and this transfer will be seen as continuous for the purposes of employment legislation and will not be seen as a break in your period of employment."
Of course they're going to liquidate CCFC Ltd if they're given the chance, always been on the cards.. they want to break the stadium rental contract with ACL.
Ah right, i thought we were talking about a transfer of staff from CCFC ltd to Otium, not Holdings to Otium.
That said, TUPE still does not apply as if Holdings is a wholly owned subsidiary of Otium as they seem to be implying then nothing has changed and the status quo is maintained. The only practical application of transferring contracts of employment from a subsidiary to the parent company would be if they intend to liquidate or dissolve the subsidiary.
Such a move would be a transfer of undertakings rather than a TUPE.
TUPE incidentally only protects you for one day, on the second day of your employment with the firm you TUPE in to your legal standing completely dissolves.
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