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  • Company buy-out and new Employer responsibilities question!
  • enfht
    Free Member

    Question for anybody “in the know” 😛

    The company I work for was bought out approx. 2 years ago.

    All holiday entitlement, length of service, salary and private health care were all carried over to the new employer.

    However, the new employer did not carry over the company pension and at the time said they were not obliged to do so. Not many people were affected but I was one who was.

    I’m now doubting whether this principle was as water-tight as they made out, and maybe even my current employer WAS required to take over the pension provision after all.

    How would I go about clarifying this?

    Thanks

    druidh
    Free Member

    Contractual responsibilities would have been covered under TUPE.
    TUPE does not cover pension provision.

    peterfile
    Free Member

    However, the new employer did not carry over the company pension and at the time said they were not obliged to do so.

    I’ve got clients still sitting with pension risk arising from entities they sold years ago, particularly on public sector entities they picked up as they were privatised (along with lots of public sector staff on huge pensions).

    Pensions can be a murky area. Have you got the ability to speak to a pension adviser? Some companies will pay.

    edlong
    Free Member

    druidh has it – pension entitlements are outside TUPE and I’m afraid your employer is right.

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