TUPEd: employees in old co offered statutory+, while new company only paid statutory.

Hi,

First time poster, apologies for the length of my first post and if I have confused anyone.

I started with company A in August 01, in Oct. 02 I was outsourced to Company X (an English company with no Irish staff). In March 03 Company A let a few people go, they gave 6 weeks redundancy per year of service. A couple of times down the years a few more people were let go and the same package was given.

Fast forward to August 08, I am made redundant, I am given statutory redundancy only, in Jan, company A let more people go, they again are given 6 weeks again.

Have I any rights to have matching offers or is it just tough?

Thanks in advance

Re: Redundancy Amounts

Hi Clareman,

Were you paid statutory redundancy for the entire period you were with company A and X or just the period you were with X?

You should contact entemp.ie and let them know of your situation.

It seems to me unfair that other employees of company X got statutory+ redundancy yet you only got statutory.

Are you a member of a trade union? Perhaps you are not but was the 6 weeks package negotiated by a union?

When you say you were "outsourced" what precisely do you mean? We you seconded to company X?

aj

Re: Redundancy Amounts

ajapale said:

Hi Clareman,

Were you paid statutory redundancy for the entire period you were with company A and X or just the period you were with X?

You should contact entemp.ie and let them know of your situation.

It seems to me unfair that other employees of company X got statutory+ redundancy yet you only got statutory.

Are you a member of a trade union? Perhaps you are not but was the 6 weeks package negotiated by a union?

When you say you were "outsourced" what precisely do you mean? We you seconded to company X?

aj

Click to expand...

Hi,

No Unions involved by anyone, I was TUPE'd across to the other company, I got statutory from the orignal start date (Aug 01)

Re: Redundancy Amounts

Oops, I should have pointed out that I was the only person from company X laid off

Re: Redundancy Amounts

TUPE = Transfer of Undertakings Protection of Employees.

TUPE leglislation is designed to protect employees when the business or part of the business they were working in is bought over by another company.

Basically the terms and conditions enjoyed in the old company have to be honoured by the new company. (Exceptions are pension arrangements and anything freely renegotiated with the employees after the transfer)

Im not an expert but I think that a good employment solicitor could make a good case that 6weeks redundancy was part of the T&C's enjoyed by employees in company A and that company X should honour this as part of the TUPE.

As part of the TUPE process company A is obliged to consult with its employee and be explicit as what it means. Did company A consult with you and were they explicit on what TUPE meant in your particular circumstances especially in terms of redundancy or any other T&C's - working time, wages, etc)

Since your not in a trade union I suggest you contact a good employment lawyer and follow their advice.

As an aside I have a feeling that the TUPE process which was set up to protect employees is being cynically manipulated and distorted in order to exploit employees. This is especially so in the IT industry.

aj

Re: Redundancy Amounts

It was in IT that I work as well, does it matter that it was last August that I was made redundant or can I still claim?

Re: Redundancy Amounts

My biggest concern here is that you may be out of time to bring a claim to the EAT (Employment Appearls Tribunal) - as any claim should be taken with 6 months.

Get advice quickly.

Re: Redundancy Amounts

Im not sure.

I think it would be worth your while to contact entemp and nera. It would also be worth your while to contact a good employment lawyer.

I think (and im not an expert) that if company A did not follow the TUPE leglislation to the letter of the law that you might have a case against company A.

Also since company X is an English company they may have assumed that TUPE leglislation in this juristiction is exactly the same as in the UK. Its not and its possible that they may have not followed the leglislation.

Either way Im only speculating so contact entemp/nera/employment lawyer asap.

Re: TUPEd: employees in old co offered statutory+, while new company only paid statut

You would have had a better case had you taken advice at the time. You have six months to raise a claim (12 in exceptional circumstances). Nothing from your post indicates that you have these, therefore on this occasion, I think you appear to be stuck with statutory