Getting made redundant but er not..

[Jimmyarm]

So,

The LTD company I work for is being closed, a new company has been formed and essentially I will carry on working as if nothing has happened.

However, my understanding (from the interwebs) is that essentially I lose the benefits accrued with regards to redundancy pay etc as essentially I become a 'fresh' employee of the new company.

I am the only employee of the old company (apart from the director/owner).

Should I pursue redundancy recompense through the NI scheme thingy and am I entitled to do so given that I haven't actually lost my job (but have lost the protection of 5 years continuous employment, or have I?).

[Jasandjules]

Are you being TUPE'd?

[Mr Classic]

Ask yourself why your boss is doing this?

[Jimmyarm]

No mention of tupe, nothing formal in fact (which is part of the reason he his having to do this !)

I am fully aware of why the owner is doing this.

[edc]

If Company A is being wound up through bad debt or for other financial reasons then is there any money to pay a redundancy payment anyway? Is the boss expecting to pay one? Is you requesting one going to damage your working relationship when he is clearly trying to keep you employed. Would he act out of spite or other and pay you a redundancy payment but then not enagge you within the new company? It sounds like the most you could expect is the statutory minimum. Do the calculation yourself via .gov.uk to see whether it is worth the effort.

[Jimmyarm]

There will most definately be no money left to make any form of redundancy payment (his wife will have spent anything in the account!), anything would have to come from the Government back up thing.

Obviously it is worth pursuing, It is a months tax free salary essentially

I still can't work out whether or not I can go after it though as in essence I still have a job, but from what I can work out I lose the benefits of being employed continuously for just under 5 years.

[jonby]

There are only two scenarios. Either you are TUPE'd across, in which case you keep your accrued rights or you are not TUPE'd across (Essentially that's when the employer gives you continued accrued rights) in which case you are entitled to redundancy money from oldco

If oldco doesn't have sufficient money to pay your redundancy, you get from the government capped at £464 per week, times 1.5 for every year you worked over the age of 41, up to a max IIRC of c. £14k - all tax free