# Redundancy Looming - Disputing Settlement



## Mardy_Bum (22 Jun 2010)

Quick one - hopefully.  

I'm due to be made redundant next week however I'm disputing the redundancy settlement and I don't expect it to be settled before the redundancy date has passed - in fact we may have to go to LRC/EAT and I know this can take nearly a year.  

My question therefore is what will the company do next ie what does the redundancy regulations state should happen?? I've tried looking for them and can't find anything online.  Will they still terminate my employment on the current finish date, will I get paid the statutory settlement, will I get nothing until we settle?

Thanks


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## Calebs Dad (23 Jun 2010)

Hi, you would need to let us know a bit more about what the dispute is before we can advise further

www.hr-sos.ie


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## Mardy_Bum (23 Jun 2010)

To summarise: 

NB.  "Company B" is owned by "Company A" but is a separate legal entity.

Transferred from "Company A" to "Company B" under TUPE but retained T&C's from "Company A".  I am being made redundant and "Company B" is now offering me Statutory + a small uplift.  I feel I am entitled to the far superior redundancy package from "Company A" as I am still on their T&C's.

Anyway - I'm'm not expecting a resolution before my finish date next week so as per my original question, what will the do?  I'm assuming they will still terminate my employment but am I entitled to a statutory payment anyway until we can resolve ths issue?

Thanks


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## Mpsox (23 Jun 2010)

Redundancy terms are not covered under TUPE. How long were you working for B before they made you redundant and is it possible the transferred you to try and take advantage of less favourable terms?


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## Mardy_Bum (23 Jun 2010)

Quite possibly but not for the redundancy aspect of it as I have been with B for approx 2 years.

I realise that redundancy terms are not covered under TUPE, however redundancy terms are not specified at all as a contractual condition in A - its all based on precedents set by previous settlements so this is what I'm basing my arguments on.  How successful that will be - we'll find out!!


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## Calebs Dad (23 Jun 2010)

you will be let go on the existing terms offered, unless you can show that the new company has any precedents - check -[broken link removed] - the likliehood of you winning an increased settlement based on the previous company's terms prior to your TUPE transfer are slim


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## Deas (23 Jun 2010)

Are you receiving redundancy based on service with company B only or for the time you were with company A & B combined?


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