Long shot but has any one done this ,I’m being told I have too take my p45 ( that was hr words) then rejoin on stobard ports contract ( but hr said my service with company would still stand ,I wouldn’t loose it .
I would of thought as its a change in wages,hours etc it would just be a change of contract as its within the same company ta
Like many companies, every Stobart company is a separate one under the same group the same as Currys and PC World are part of the Dixons Group. You are in effect working for an entirely different company. Your service still stands because you are transferred under TUPE. The only other option is to take redundancy and in the end it comes down to whether you like what the new job will be and want to stay or not.
You do not have to take your P45 at all other than to be made redundant meaning they’ll have to pay you redundancy pay. I will say this though, Stobarts are backstabbers and I wouldn’t put it past them to find ways to sack you if you decide to take redundancy so they don’t have to pay redundancy pay so make sure you’re whiter than white for the coming weeks until it gets sorted out one way or another.
I think they’re two seperate companies,they defo used to be.
Here is not the place to get the correct legal info - you’re better off talking to C.A.B or Union rep. It’s a legal minefield. You do get issued a P45 as you are moving to a different employer, but under TUPE your length of service remains intact.
Under the terms of TUPE; if you refuse the transfer under the TUPE regs, you are deemed to have resigned, and not entitled to redundancy pay. The exception is where there is a significant change in your terms and conditions. I’ve been TUPE’d twice, once the terms were identical and they were no issues, the second time there was massive change in contract (new location, more hours, less wage, different shift pattern) so they had to offer me redundancy (which I accepted).
ask them to confirm you
are going to be granted continuity
in writing
Conor:
Like many companies, every Stobart company is a separate one under the same group the same as Currys and PC World are part of the Dixons Group. You are in effect working for an entirely different company. Your service still stands because you are transferred under TUPE. The only other option is to take redundancy and in the end it comes down to whether you like what the new job will be and want to stay or not.You do not have to take your P45 at all other than to be made redundant meaning they’ll have to pay you redundancy pay. I will say this though, Stobarts are backstabbers and I wouldn’t put it past them to find ways to sack you if you decide to take redundancy so they don’t have to pay redundancy pay so make sure you’re whiter than white for the coming weeks until it gets sorted out one way or another.
The hr women is not mentioning Tupe Connor ,she is saying I have too p45 myself ( her words ) then rejoin the company working for the ports side ,this is the bit I’m struggling with ,if you leave the company how can your service continue 
( hr women says it does ).
I was and probally will take redundancy but as there struggling too get drivers there chucking all these alternatives too redundancy at you ,I’ve chucked 99% out the window due too travelling ,they’ve now come back with the suggestion of tramping ,but due too ports being different pay ,no meal allowance ,fuel bonus ,no additional holiday pay I have change too that contract if I decided too give it a go ,thanks Connor
halewood:
I think they’re two seperate companies,they defo used to be.
That’s what the hr women is saying ,different companies ,t @ c ,s etc ,so you can’t just transfer over with your existing t@c ,s ,you have to leave the company ,then re- apply and then work for ports ( but she says even though there different companies your service will apply )and if you decide the job isn’t for you within 4 weeks they will honour your redundancy
Herongate:
Here is not the place to get the correct legal info - you’re better off talking to C.A.B or Union rep. It’s a legal minefield. You do get issued a P45 as you are moving to a different employer, but under TUPE your length of service remains intact.Under the terms of TUPE; if you refuse the transfer under the TUPE regs, you are deemed to have resigned, and not entitled to redundancy pay. The exception is where there is a significant change in your terms and conditions. I’ve been TUPE’d twice, once the terms were identical and they were no issues, the second time there was massive change in contract (new location, more hours, less wage, different shift pattern) so they had to offer me redundancy (which I accepted).
Too be honest I don’t like the idea there putting forward ,it sounds like a recipe for disaster,you resign and then even though she says it a forgone conclusion you’ll be re-employed ,they don’t ,redundancy gone .
The more I think about it the more sense it is too take the redundancy and then which ever way I decide too go I’m not risking the chance of loosing it ,thanks for advice harrogate
hitch:
ask them to confirm you
are going to be granted continuity
in writing
Yea that’s what our rep said ,also said I should of taken him as a witness and not gone it alone ,but too be honest I’d gone up just too sort out redundancy figure ,when they started throwing loads of different alternatives at me threw me a bit ,I was just hoping someone may of made a change from a esl to ports contract so could give me the full s.p on it ,thanks though hitch
Sounds like they’re lining you up to stitch you up.
Take the redundancy. When you have it, apply to the ports the same as any other employee would. By resigning and joining a new company you start the 2 years before you can claim redundancy again.
Try not to think of it as working for Stobarts. You are dealing with two separate companies. It’s like leaving DHL to go and work for TNT.
halewood:
I think they’re two seperate companies,they defo used to be.
They are, even o license is different…