Right my partner worked for a company for 12 years. At the begining of the year this company was split up and given to two of the staff that worked there. My partner carried on doing the same job but for the new owner. Now before any of this happened my partner informed both bosses that we were having a baby. Both of them had about 8 months notice. Since the change over my partner has repeatedly asked his new employer to sort out what needed to be done about paternity pay. When we finally got the relevant forms my partner handed them back in completed the next day. They are now saying he hasnt given them enough notice and also they do not have to pay paternity pay as he has not been with them long enough. Dont they legally class as taking on an existing business and therefore his 12 years with the company count?

Check to see if the Pay as You Earn reference changed when the new blokes took over - if it didn't then I think he would be considered as being employed by the same company for the 12 year period.

You should be able to find the PAYE ref on his payslips...it will probably be something like 673/XZ4567

Check to see if the Pay as You Earn reference changed when the new blokes took over - if it didn't then I think he would be considered as being employed by the same company for the 12 year period.

You should be able to find the PAYE ref on his payslips...it will probably be something like 673/XZ4567

Well they are different numbers but thank you. Surely this all should have been made clear when the companies changed hands?

Well they are different numbers but thank you. Surely this all should have been made clear when the companies changed hands?

Ring these people http://www.acas.org.uk/index.aspx?articleid=1410

As cloudybay suggested, contact ACAS or alternatively ring Citizens Advice Bureau

This guidance below (scroll down to 2.1 and read the first of the frequently asked questions) states that the rules for calculating length of service for paternity leave are the same as those for "continuous employment and a weeks pay"

http://www.berr.gov.uk/employment/employment-legislation/employment-guidance/page18479.html#1_1

Those rules can be found here;

http://www.berr.gov.uk/employment/employment-legislation/employment-guidance/page14391.html#length_continuous_employment

Scroll down to point 18. which clearly states;

"18: Changes of employer normally break continuity, and mean that employees must start all over again to qualify for rights. But the following types of change do not break continuity, so that continuous service before the change also counts if:

* a trade, business or undertaking or part of an undertaking is transferred to another employer "


Good luck.

Thanks thats a big help. I will make sure he phones them tommorrow.

This guidance below (scroll down to 2.1 and read the first of the frequently asked questions) states that the rules for calculating length of service for paternity leave are the same as those for "continuous employment and a weeks pay"

http://www.berr.gov.uk/employment/employment-legislation/employment-guidance/page18479.html#1_1

Those rules can be found here;

http://www.berr.gov.uk/employment/employment-legislation/employment-guidance/page14391.html#length_continuous_employment

Scroll down to point 18. which clearly states;

"18: Changes of employer normally break continuity, and mean that employees must start all over again to qualify for rights. But the following types of change do not break continuity, so that continuous service before the change also counts if:

* a trade, business or undertaking or part of an undertaking is transferred to another employer "


Good luck.

He has forwarded this to his boss. Thanks very much.

Tell him to go on sick!!!!

I've barely had a day off in nearly 10 years (24 now and worked since 16) yet im not entitled to a penny, just because i've recently changed companies. I missed out by one week :rant:. Yet another reason Im slowly losing faith in this country.