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Stock Aquisition

Hi

My name is Gemma and I am a HR Advisor for a Learning Company. I'm about to get involved in a stock aquisition and wonder if there is any advice that can be shared with me or any loop holes that should be considered specifically around car allowances etc. Can we change their terms as this does not fall under TUPE to my knowledge.

Thanks in advance

Gemma - Birmigham

131 views
  • Hi Gemma

    I have no experience of stock acquisitions, but have been involved in a number of TUPE situations. If TUPE applies, and if you have staff transferring in who currently benefit from company cars or car allowances, I would be very surprised if this was not a contractual benefit that you would have to honour. The incoming staff must TUPE across with all their terms and conditions of employment intact. Pensions are the only benefit that can be regarded as outside the scope of the regs.
  • Hi Gemma
    Even if TUPE does not apply you cannot change any T&Cs unilaterally - only with consultation and agreement.

    Sue
  • Hi Gemma, welcome to the forums
    If the share ownership of the existing company changes, and the company continues to exist then the employment contracts of the employees do not change and they remain employed by the same company - no TUPE
    That does not mean contractual conditions can be unilaterally modified at a whim