# Further questions on TUPE and Employer Letter- UK Spouse visa



## HXM872 (Sep 24, 2014)

Hi Joppa, Nyclon 

I am looking to apply under Category A in March 2014. I remember asking about my TUPE transfer (from one company to other) on this forum before as well and got great advice. As i have understood that TUPE will be considered as continued service. I have advised my HR to add in details of my TUPE transfer in the employment letter but there are some complications about the my TUPE process that might be hard to explain and might confuse the ECO as explained below. 

I have been working for Parsons Brinckerhoff since Jan 2014 which was part of Balfour Beatty. In October 2014, WSP acquired Parsons Brinckerhoff. Now the trouble is that in October 2014, I was TUPE-ed from Balfour Beatty Group to Parsons Brinckerhoff rather than WSP, as Parsons Brinckerhoff and WSP will operate as seperate entities until the integration is complete. So therefore , on my payslips, the name of employer was Balfour Beatty Group before Oct 2014 and Parsons Brinckerhoff (rather than WSP) after Oct 2014. 

The overall TUPE process did not change my salary, terms and conditions or my current work arrangement. The only change was the identity of the employer

The trouble is now me and my HR is confused on how to explain this in the employer letter to not put the ECO in doubt and satisfy that I meet Category A. 

My salary and earnings are well above the threshold of £18,600 throughout my last 12 months. Would it be a good idea if I choose Category A and also include 12 month payslips and bank statements just to be on the safe side ? so that if the ECO is in any doubt, he could check my earnings in last 12 months that its above the threshold of £18,600 

Joppa, Nyclon .....I would really appreciate your advice 

Thanks,


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## HXM872 (Sep 24, 2014)

Joppa, Nyclon .... can you please advise me ?

Many thanks


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## _shel (Mar 2, 2014)

You provide what you would normally for the catagory you are applying under. A simple statement saying 'mr xxx post was subject to TUPE on xx/xx/xx date when new business xx took control of the organsisation xx'


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## HXM872 (Sep 24, 2014)

Thanks Shel, I will ask the HR to keep it brief in the employment letter, but what about the fact that I was TUPE-ed into Parsons Brinckerhoff rather than WSP (who actually acquired Parsons Brinckerhoff). Would that be an issue ?


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## _shel (Mar 2, 2014)

No issue. They can check the tupe arrangements via companies house and HMRC if they have queries.


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## HXM872 (Sep 24, 2014)

And is it good idea to stick in 12 month bank statements and payslips (just to be on the safe side) ?


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## HXM872 (Sep 24, 2014)

Joppa, shel, nyclon ,sorry for nudging you again and again. 

Just very last question, is it good idea to stick in 12 month bank statements and payslips (just to be on the safe side) with CAT A incase the ECO goes in doubt ?


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## HXM872 (Sep 24, 2014)

Can you please provide me advice on my last question as mentioned above about the 12month payslips and bankstatements ? I would really appreciate it


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## Joppa (Sep 7, 2009)

No. Don't supply more than what is needed.


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## HXM872 (Sep 24, 2014)

Thanks Joppa. I am really worried about it but I think you are right that 12 months payslips and bank statements can make it even more confusing


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## Joppa (Sep 7, 2009)

Well, it will annoy them having to sort through redundant documents to get to the ones required.


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## HXM872 (Sep 24, 2014)

okie dokie. Thanks Joppa


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## HXM872 (Sep 24, 2014)

Hi Joppa, Nyclon, Shel 

I have just receieved my employment letter with TUPE details. Could you please check my employment letter (below) and advice if this is right ? 

My Tupe details are the most worrying aspect of my spouse visa application. I would really appreciate if you could advice me on this .





Dear Sir/Madam 

Name: XXXXXXXX 
DATE OF BIRTH: XXXXXXXX

I am writing to confirm that XXXXXX is employed on a permanent basis by Parsons Brinckerhoff Group Employment Ltd (PBGEL), XXXXX commenced this employment on the 6 January 2014. 

When XXXXXX commenced his employment he was employed by Balfour Beatty Group Employment Ltd, assigned to Parsons Brinckerhoff Ltd and then on 1 October 2014 his employment was transferred to Parsons Brinckerhoff Group Employment Ltd as WSP acquired Parsons Brinckerhoff Ltd. Both changes of employment were transferred under the Transfer of Undertaking (Protection of Employment) Regulations 2006 (TUPE) which provides specific protection on transfer. 

There was no change to how XXXXX was paid, his continuity of employment, terms and conditions of employment or current working arrangements as a result of this transfer. The only change was the identity of the employer. 

XXXXX is employed as an Assistant Engineer and his employment with Parsons Brinckerhoff Ltd is expected to continue into the future. 

XXXXXX’s current annual salary is £26,780.00 per annum, which is effective from 1 January 2015. 

XXXXXX is entitled to 25 days annual leave and is entitled to receive overtime payments. 

I confirm that the attached payslips and contract of employment for XXXXX are certified as original copies. 

Please don’t hesitate to contact me on +44(0)191 226 XXXX should you have any queries regarding the above information. 

Yours sincerely

XXXXXX
Human Resources Graduate


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## _shel (Mar 2, 2014)

Looks great to me. Contains everything thats needed


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## HXM872 (Sep 24, 2014)

_shel said:


> Looks great to me. Contains everything thats needed


Shel, you are a star !!!. Just last three quick questions, 

1) The authenticity of payslips and job contract is mentioned in the employer letter, so I am assuming that a seperate payslip authenticity letter is not required. Am I right ? 

1) My payslip dates are not mentioned in the employer letter. Do the payslip dates need to be mentioned ?

2) Employer letter is signed by Human resources Graduate. Annex FM states that the employment letter or payslip authenticity letter needs to be signed by a senior official. Would this be an issue ? 

Thanks


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## _shel (Mar 2, 2014)

Yes, thats what I mean, its all rolled into one. They've been through writing it. 

No dates not important, they show on the payslip and your bank account. 

Shouldnt imagine who signs will be important so long as it is signed and its verifiable. Some employers dont even have a HR dept or management structure and why would a senior be writing this? Great if it can be but contact details are there for them to verify it.


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## HXM872 (Sep 24, 2014)

_shel said:


> Yes, thats what I mean, its all rolled into one. They've been through writing it.
> 
> No dates not important, they show on the payslip and your bank account.
> 
> Shouldnt imagine who signs will be important so long as it is signed and its verifiable. Some employers dont even have a HR dept or management structure and why would a senior be writing this? Great if it can be but contact details are there for them to verify it.


Thank you very much Shel


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## HXM872 (Sep 24, 2014)

Hi Joppa/nyclon, 

i have a follow up question about my TUPE. The employer letter above explains my situation. I was TUPE-ed effective from 1st October. During the TUPE process when my company Parsons Brinckerhoff Ltd was being acquired by WSP, in Oct 2014, employer's name in my payslip was Parsons Brinckerhoff Group Employment Ltd whereas in my bank statement the employers name was Balfour Beatty Group Employment Ltd. It just happened only one month. Would that be an issue ? 

Do I need to explain this ? because even i dont know the reason behind it. What should i do ?

Thanks


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## Joppa (Sep 7, 2009)

Attach a note pointing that out.


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## HXM872 (Sep 24, 2014)

Ok. I can attach a note to identify it but i dont know the reason behind it. So should i just identify it by attaching a note without giving any reason ?

Even the HR did not know the reason behind it. Probably Director or accountants of my company might know it much better.


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## Joppa (Sep 7, 2009)

All that ECO should know is that you are still in the same employment, and just employer name has changed.


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## HXM872 (Sep 24, 2014)

Well, TUPE details in my employment letter mentions it clearly that On 1st October, I was TUPE-ed from Balfour Beatty Group Employment Ltd to Parsons Brinckerhoff Group Employment Ltd when WSP acquired Parsons Brinckerhoff Ltd. My employment letter also confirms that my terms and conditions would be the same and the only change is to the identity of the employer.

As a result my employer name did change on payslip in October from Balfour Beatty Group Employment Ltd to Parsons Brinckerhoff Group Employement Ltd, but my october bank statement shows that I was paid by Balfour Beatty. This just happened for October month. And from November onwards, it was Parsons Brinckerhoff Group Employment throughout in payslips and bank statements.

So as TUPE details are already in the employment letter anyway which confirms that there was no change to my employment, do I still I need to attach a note for Oct payslip/bank statment employer name difference for which I dont know the reason ? or should I expect ECO to understand it ?


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## Joppa (Sep 7, 2009)

Probably but it's always good to be meticulous.


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## HXM872 (Sep 24, 2014)

So what your recommendation would be. Should

Should I just attach a note saying 

"Please note that Oct 2014 payslip states employer name to be Parsons Brinckerhoff Group Employment Ltd whereas my Oct 2014 bank statement states my employer name to be Balfour Beatty Group Employment Ltd. There was no change to my employment as I was transfered under TUPE regulations effective on 1st Oct 2014 which is detailed in Employment letter. I honestly do not know the reasons for employer name difference in payslip and bank statement for the month of Oct 2014. it could be due to TUPE transition process or my employer's buisiness strategy. For more details or enquiries, you can contact my Human resources Department at xxxxx" 

Would that be a reasonable note to attach ?


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## Joppa (Sep 7, 2009)

Just point out discrepancy between payslips and bank statement. No need to mention reasons or strategy.


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## HXM872 (Sep 24, 2014)

I have reworded as you have suggested. (shown below) 

"Oct 2014 payslip states employer name to be Parsons Brinckerhoff Group Employment Ltd whereas my Oct 2014 bank statement states my employer name to be Balfour Beatty Group Employment Ltd. Please note that I was transfered under TUPE regulations effective from Balfour Beatty Group Employment Ltd to Parsons Brinckerhoff Group Employment Ltd on 1st Oct 2014 which did not effect my continuity of service, terms and conditions, how i was paid or current work arrangements. The only change was the identity of employer. My transfer of employment under TUPE regulations are detailed in Employment letter. If you require further information, please contact my Human resources Department at xxxxx" 

Sorry I am asking you again and again. I am just trying to make sure that I dont give them inappropriate information so that they dont refuse my genuine application. 

Thanks Joppa


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## Joppa (Sep 7, 2009)

Yes, more than enough.


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## HXM872 (Sep 24, 2014)

Thank you very much Joppa


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## HXM872 (Sep 24, 2014)

Hi Joppa, 

I have asked my payroll department of this discrepancy of employer name for Oct 2014 payslip and Oct 2014 Bank statement. The response I got was 

"I have been looking into your query for you and I can confirm that the difference in your bank statement and your payslip is due to the TUPE transfer. The reason the bank name is different is that the name change had not gone through before the payment date however the Bank details are still the same its just the name on the account that was different"


So now should I explain this in my own words by attaching a note ? or should I ask the payroll department to write me a letter about this discrepancy ? 

Thanks Joppa


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## HXM872 (Sep 24, 2014)

Joppa I would be grateful if you could please answer my query. I am applying this weekend. Thank you


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## Joppa (Sep 7, 2009)

You are splitting hairs. Just attach a note pointing out name change and they will understand.


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## HXM872 (Sep 24, 2014)

ok thank you Joppa


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