Employment Question
Discussion
Need a little help from anyone that knows about employment?
The company I work for went into administration a few years ago and now they have decided to transfer the work we do to a third party. I’ve not been offered a role and will be made redundant which is fine for me but my friend was offered to TUPE. He went to view the site and did not like what he saw and so said he would not wish to TUPE.(one of the reasons was this third party office is 1 tram, 2 trains away for him as he does not drive and so will cost £15 per day unlike his current £15 per week and to be left on the same money) The administrators are now telling him he has to resign as otherwise he has to TUPE and he has no option of just being made redundant. The reason he would prefer to be made redundant is the statutory redundancy he would get which would give him a little coverage till he finds a new job as he has been at this company for over 8 years.
Can the administrators do this?
I wanted to just post this in the lounge as it might get a wider audience but I am aware it might get moved.
Thanks in advance from a long time lurker.
The company I work for went into administration a few years ago and now they have decided to transfer the work we do to a third party. I’ve not been offered a role and will be made redundant which is fine for me but my friend was offered to TUPE. He went to view the site and did not like what he saw and so said he would not wish to TUPE.(one of the reasons was this third party office is 1 tram, 2 trains away for him as he does not drive and so will cost £15 per day unlike his current £15 per week and to be left on the same money) The administrators are now telling him he has to resign as otherwise he has to TUPE and he has no option of just being made redundant. The reason he would prefer to be made redundant is the statutory redundancy he would get which would give him a little coverage till he finds a new job as he has been at this company for over 8 years.
Can the administrators do this?
I wanted to just post this in the lounge as it might get a wider audience but I am aware it might get moved.
Thanks in advance from a long time lurker.
Edited by CG_M41 on Tuesday 28th June 11:50
Edited by CG_M41 on Tuesday 28th June 11:51
You need to take proper advice from a relevant authority- ACAS would be a good start.
It's not a question of being "offered" TUPE.
TUPE is in effect the regulations that mean when one business is bought by another the rights of the employee remain in force as they do not start a new contract - in effect he is being employed continuously.
So what's happening here is his place of work is being moved, you are being made redundant, and mostly irrelevantly the company is being sold to another owner. He may have some rights if they are forcing him to move place of work to somewhere entirely unsuitable- its a bit of a minefield so get advise soonest!
It's not a question of being "offered" TUPE.
TUPE is in effect the regulations that mean when one business is bought by another the rights of the employee remain in force as they do not start a new contract - in effect he is being employed continuously.
So what's happening here is his place of work is being moved, you are being made redundant, and mostly irrelevantly the company is being sold to another owner. He may have some rights if they are forcing him to move place of work to somewhere entirely unsuitable- its a bit of a minefield so get advise soonest!
ACAS might not give reliable legal advice, especially not on a complex subject such as TUPE.
Your friend has the right to object to being transferred, but if he does so object, he has no right to a redundancy payment : see paragraphs 4(7) and (8) of the regulations. The objecting employee is not treated as being dismissed by the transferor, and no liability passes to the transferee.
If you are made redundant in consequence of the transfer, you can claim to have been unfairly dismissed, but the claim would probably fail if, as would be likely in an redundancy situation, the transferee employer can show an economic, technical or organisational reason entailing a change in the workforce, and follows a fair procedure. The transfer itself is not a sufficient reason for dismissal.
Your friend has the right to object to being transferred, but if he does so object, he has no right to a redundancy payment : see paragraphs 4(7) and (8) of the regulations. The objecting employee is not treated as being dismissed by the transferor, and no liability passes to the transferee.
If you are made redundant in consequence of the transfer, you can claim to have been unfairly dismissed, but the claim would probably fail if, as would be likely in an redundancy situation, the transferee employer can show an economic, technical or organisational reason entailing a change in the workforce, and follows a fair procedure. The transfer itself is not a sufficient reason for dismissal.
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