TUPE Move 5 years ago- What redundancy package ??

[shipibo]

A Chairde,


A friend of mine was outsourced 5 years ago to a external company, but maintained role.

She may be involved in a redundancy situation soon, and I am wondering if the redundancy is with previous company (terms of service were not broken, i believe) or with current company.

 

[Mpsox]

Re: TUPE Move 5 years ago- Waht redundancy package ??

My understanding is that under TUPE, her service with her old employer will have transferred over but redundancy terms are not covered under TUPE, hence she is subject to the terms of her current employer

 

[number7]

Re: TUPE Move 5 years ago- Waht redundancy package ??

agree

Redundancy will be calculated based on the combined years of service assuming there was a legitimate transfer of undertaking.

Terms of redundancy will be from the present employer. Involvement from previous employer = nil

 

[shipibo]

Re: TUPE Move 5 years ago- Waht redundancy package ??

Thanks MPSox, Number7,


Employee moved from Technology sector (in house receptionist) to management firm, the precedent in previous job would be far better than present job.

She received no payment on move, just transferred ...


Ya live and learn

 

[RayNorth]

Just reading this thread. A friend was TUPE'd, the new company only gave statutory redundancy. However prior to moving employees asked and were given written notification that their former employers redundancy terms (far better) would apply - also there was no expiry date on these terms.

The point is that anything that was custom and practice is also transferable providing it's not something totally unreasonable or illegal.

 

[csirl]

When the new company takes over, the employee is also given the choice of taking redundancy from the old company OR transferring to the new company. Once the transfer takes place, they become employees of the new company, but retain the basic terms and conditions they had with the old employer. Once transferred, all links with the old company are severed permanently. In the event of redundancy with the new employer, they are treated the same as all the new employers employees (unless contract specifies otherwise).

However prior to moving employees asked and were given written notification that their former employers redundancy terms (far better) would apply - also there was no expiry date on these terms.

I suspect that this is the notice they were given when the TUPE situation arose i.e. take the redundancy in this letter OR transfer. Once transferred, they've made their choice - the letter becomes irrelevent as they are no longer employees of the former employer.