Tupe and redundancy
Discussion
A question if I may.
Say someone is in scope for Tupe.
A week before the Tupe date they recieve a communication from their new employer telling them the business structure will change and they will be at risk of redundancy as of the transfer date.
The employee is given the specs for a number of new positions and advised they are invited to apply for these by a deadline 2 days after the transfer date. A descision on the successfull applicants will be made within 2 weeks of the transfer date.
Now say the employee in question doesn't want to apply for any of the jobs. Does the new employer have any option other than to make the employee redundant.
Thanks in advance.
Say someone is in scope for Tupe.
A week before the Tupe date they recieve a communication from their new employer telling them the business structure will change and they will be at risk of redundancy as of the transfer date.
The employee is given the specs for a number of new positions and advised they are invited to apply for these by a deadline 2 days after the transfer date. A descision on the successfull applicants will be made within 2 weeks of the transfer date.
Now say the employee in question doesn't want to apply for any of the jobs. Does the new employer have any option other than to make the employee redundant.
Thanks in advance.
Good question !
Could the enlightened answeree also educate me if TUPE rules consider length of service as
Could the enlightened answeree also educate me if TUPE rules consider length of service as
- when moved to new location i.e time within new employer
- when originally employed by initital employer plus time with new employer
I was put through TUPE in 2008 as part of an MBO, I was told that effectively my terms and conditions would stay the same (could not be downgraded) and that my time served would be moved over to my new contract on the date of TUPE. I used this as a ref. when I was going through it http://www.idea.gov.uk/idk/core/page.do?pageId=690...
Right, an update, apparently the new employer are not offering voluntary redundancy but have advised individuals can 'self select' by not applying for the alternative roles as per the process.
Apparently there is a subtle but important difference.
A quick look around the net suggests they are one and the same.
Can anyone clear this up for me?
Ta
Apparently there is a subtle but important difference.
A quick look around the net suggests they are one and the same.
Can anyone clear this up for me?
Ta
hadenough! said:
Right, an update, apparently the new employer are not offering voluntary redundancy but have advised individuals can 'self select' by not applying for the alternative roles as per the process.
Apparently there is a subtle but important difference.
The subtle but important difference could cost you £££'s if you do decide to opt for a redundancy package without knowing EXACTLY what your rights are with regard to this offer forming part of a TUPE transfer. I would expect anything described as "self select" means you are indicating you are fully aware of the consequences of making this decision and have accepted them by doing so. Also, by not offering voluntary redundancy where terms may be enhanced to tempt people to take up the offer they could be only providing the basic level of redundancy pay which could be much less than you anticipate.Apparently there is a subtle but important difference.
If I was in your position I would ask to speak to HR and get advise from them as to if they were going to provide legal advise available to staff potentially impacted by this situation. If they are not going to provide legal advise via a firm of solicitors (or don't have a HR team) I suggest you spend £100 and make your own appointment for an hour of an experts time and see what your legal rights are and if you are actually being treated fairly in the eyes of the law. The Law Society web site will list employment law experts in your area.
Gassing Station | Jobs & Employment Matters | Top of Page | What's New | My Stuff