Advice on tupe

[Nacco]

Hi everyone long time reader first time poster here.

Seem to be a lot if knowledge here so thought I'd ask

The people I work for once had 2 company's one wholesale the other retail, ill call them A and B (i work in whole sale company B).Around 2 months ago the owners put company A into liquidation and all staff there was made redundant. Now back around 3 weeks ago I was told the company I work for company B has also gone in to liquidation but they have opened in a new name company C.

I have been told by the director that my job at company B Wont be made redundant there for not entitled to redundancy because i will automatically transfer to company C and be covered under tupe.

Now this is where I am confused, I have not had any letters etc. confirming the above from my employer. I have how ever recieced a form from the liquidator to say that I am a creditor of company B. I have asked my employer why have received this letter if my employment transfers to which I was told to ignore it and throw it away.

I have read things about tupe. As far as I can understand (if I read right) an employee cannot transfer from a company in liquidation unless the company is bought from the liquidator and all existing debts and employees are honoured by the buyer? Is this right.

If anyone can help I would appreciate it

[anonymous-user]

You read wrong.

This sounds like a pre-pack. The business of B is transferring to C. Any claims you had against B can be made against C. You can object to being transferred, but in that event your employment will end.