Hi all, not been on for a while but here goes. The contract where I work is up for renewal next year and I think everyone expected for us not to get it as we knew another company we deliver to was after it. Yesterday an announcement was made telling us what we feared, that this other company has got the new contract and they will be running things from 1st july next month. I would like to know where we stand with regards redundency / pay changes e.t.c. Myself along with many others are more confused now than before with regards what will happen in the coming months. Do they have to offer us redundency if we want it ? and is it true that after 12 months they can make us do things THEIR way. I dont really want to continue with the job when they takeover because they have a bad reputation for keeping drivers 
and are a a bit of a cowboy outfit. There was something on here a while back from a matalan driver/drivers about being taken over by wincanton and I cant remember what was said. PLEASE HELP, MANY THANKS 
Its not quite clear if your transport company have been taken over? or just the contract your transport company had!
If its just the contract then you will remain an employee of your origional company. what plans their have is something you as an employer needs to enquire about!
What rights you have regarding this is depending on the size of your company and how many employee’s their have. if its over 100 employees you have a right to be consulted on the direction your company is planning (I think that figure is right but stand to be corrected)
Now if your company has been took over by the New company, your contract must be honored in full. but as far as I know they is no right for you to demand redundancy as long as your new company keep to your orgional contract.
No company can force you to agreeing a new contract, if they try and you dont like the conditions you may have a case of constructive dismissel
From Past personal Experience, I was employed by Woodrich Transport in Newton Aycliffe working on the Henderson Garage Door Contract, Woodrich sold out to TDG Beck and Pollitzer, we were just transferred onto their books on exactly the same terms as our original Contract of Employment, TDG later dropped the Beck & Pollitzer name and became TDG Logistics, again nothing changed with the drivers on the Hendersons contract, I left a couple of years ago but still keep in touch with old workmates on the Hendersons contract, Stillers took over the contract and the drivers just transferred to the Stillers group under the same terms and conditions.
None were given the option of redundancy, but I’m sure that if you decided that you did not want to work for the new company, you can request a redundancy notice. Talk to your employer about your concerns and let them know your not happy with the move, they will then explain what the intentions are, although, I’m sure there is a legal requirement for that anyway, if however, the boss has decided to sell his business to the other company, then the T.U.P.E Regs come into play for certain.
i used to work for exel, until they lost the contract last june, we had to choose between stopping with them on a different contract,or tranfer over to the new company under T.U.P.E, which means the new company have to honour the exel terms + conditions, I now still do my same job but the the only differents is another company pays my wages. DON`T WORRY.
What quick responses, Just want to say a big thanks for all the information you have given me. the company that is taking over is taking over the the whole lot, contract and everything else. The reason a I am worried is purely and simply because I dont like this particular company, cant keep drivers etc etc. We have been told that pay and so forth will remain the same but for some reason I have got it in my head that after 12 months or so they can say right now your going to do things our way! Allready drivers are talking of leaving because of this and the questions that have been asked at work from concerned staff seem to have been met with little more than ’ we dont really quite know whats happening yet’ What I think worrys a lot of the drivers is that they wont actually have the chance to get their redundancy but will in fact have to continue with this new employer. I will keep you informed, many thanks
Under the TUPE (Transfer of Under Takings for Europe) Regs, they are legally obliged to employ you under the same terms and conditions, they cannot after any period of time, reduce your wages, or change your working practices that are covered under your existing contract of employment.
They cannot treat you less favourably than their current employees and they certainly cannot penalise you for doing something that is already an acceptable practice with your current employer, for example, if your current employer turns a blind eye to you say, nipping to the fish shop at 11:30am and this has been going on for over 6 months then its acceptable practice, the downside of course, is if your doing something for your employer for over 6 months without complain, that too is classed as Acceptable practice, it cuts both ways.
Although they cannot alter anything in your contract, I think they can leave everything exactly the same for a long time. So for eg- if your wages are higher than the present employees of the company, your wages can stay exactly the same until they have caught up.
You will be covered by TUPE regs
The idea that a new company can change your terms and conditions after 12 months is an old wives tale they cant.
You will have the choice of keeping your present contract T&Cs or changing to theirs.
What you need to make sure you do is get a copy of your current contract and any of your acceptable practices not in it make sure you have records that you go to the fish shop 
e.g reciepts. Otherwise you may find that the new company will try to stop them.
I found this out when we were contracted out to group4 from alocal council.
I worked 2 days 2 nights on 4 off, starting at 7 finishing at 7 (42 hours a week)
Group4 stated only the 42 hour week was contractual and altered the the shifts 3 earlies 3am-12 noon 3lates 12 noon ytill anytime between 8pm and midnight.
they did me a favour in the end because they forced me into looking for another job so it was back to transport for me.
TUPE Regs can be found here dti.gov.uk/er/tupe/consult.htm
motre detailed info download here dti.gov.uk/er/tupe/longconsult.pdf
Forgot to say
Keeping your wages the same is called ring fencing.
This they cannot do.
If you already have a long term pay agreement with your present company, eg 3% a year over next 5 years then they have to honour this.
If you dont have a pay agreement and they give drivers on there contract or a company wide pay icrease is given then you will be entitled to that pay increase
You cant have both though or a choice of which to have
Many thanks once again guys for all the input, feel much happier now
Mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm 
Just a little extra note. We have just been taken over again and under the terms of TUPE everyone gets to keep their jobs. Those who decide they don’t want to work for the new company have the option of resigning - the jobs are not being disposed of so there is no redundancy option
Jules