Any legal or employment specialists?

[msl]

Hi all,

Bit of advice needed as per the title if possible. My company (franchise) has agreed to a voluntary liquidation for us to become a managed office of our parent company (what was the franchisor).

Now we have succeeded in wrapping up the firm successfully. Long story short, they have messed us around like you wouldn't believe but we finally have our 'contracts' with us.

The first odd thing that I noticed was that this document was entitled 'service agreement' and not 'contract of employment' as I'd anticipated. As far as I can see this is for a permanent role with the standard 3 month probation which could be terminated by the company at 1 week's notice.

On the advice of a friend, I looked at TUPE if anyone is familiar with this and found that only employees are covered under this and not contractors. From what I understand, according to the contract, I'm not an employee but a contractor, and hence won't be covered by the scheme.

I can't help but think I'm being taken for a ride slightly and am susceptible to be fucked off after 13 weeks. So, as always in a predicament, I'll pass this to the legal minds of BM!

Any advice would be greatly appreciated. Thanks in advance folks, Mike

 

[ifwecouldjust......]

Hi all,

Bit of advice needed as per the title if possible. My company (franchise) has agreed to a voluntary liquidation for us to become a managed office of our parent company (what was the franchisor).

Now we have succeeded in wrapping up the firm successfully. Long story short, they have messed us around like you wouldn't believe but we finally have our 'contracts' with us.

The first odd thing that I noticed was that this document was entitled 'service agreement' and not 'contract of employment' as I'd anticipated. As far as I can see this is for a permanent role with the standard 3 month probation which could be terminated by the company at 1 week's notice.

On the advice of a friend, I looked at TUPE if anyone is familiar with this and found that only employees are covered under this and not contractors. From what I understand, according to the contract, I'm not an employee but a contractor, and hence won't be covered by the scheme.

I can't help but think I'm being taken for a ride slightly and am susceptible to be fucked off after 13 weeks. So, as always in a predicament, I'll pass this to the legal minds of BM!

Any advice would be greatly appreciated. Thanks in advance folks, Mike

If you can afford it I would suggest that the contract (and your previous contract) is reviewed by an employment solicitor. If you are so minded then also join a Union such as Unite.

 

[Fame Monster]

Whatever it says on your contract, it won't be conclusive in determining whether you're an employee or an independent contractor. Depending on how long you worked for the company in its previous incarnation, I think it's likely that you can still rely on your employment rights.

 

[bluegirl74]

regardless of what the agreement says, even if you are "contractor", if you solely contract to one party, you should get the same legal rights as an employee.

 

[DelToro]

I've pm'd you

 

[andyhinch]

Not my field but I know someone if tour struggling pm me if you need a name
And number