Tupe and then immediate redundancy
spire2003
Posts: 47 Forumite
My son has been informed that the company he works for has lost a contract that he works on.The new company who has won the contract will take all affected employees under TUPE. However there are no positions for these employees in the new employer so they will be made redundant at point of TUPE. My question is this . Can the new employer make people redundant on the day the TUPE takes place. I would have thought no consultation could take place until after TUPE.
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Comments
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@spire2003,
What was the outcome of the above situation? I am also due to have my contract of employment transfered under TUPE, followed by immediate redundancy and with no job to attend as at that date.
I would qualify for Redundancy Pay, so I'm just wondering how the mandatory Notice Pay would work (gov.uk/redundant-your-rights/notice-periods):
would this be paid in lieu by the new employer at the time of redundancy, along with the Redundancy Pay (or their next payroll date)?
or would it be paid by my current employer in the time leading up to the TUPE?
Regards
Billy Harry0 -
These are questions that you need to ask as part of the consultation. The circumstances would need to be agreed by the two employers as part of the TUPE . I'd ask them immediately after I asked why my job was going, and how this had been decided, since redundancy purely as a result of TUPE would be unfair dismissal. that doesn't mean it is unfair dismissal, but I'd be wanting to check that it wasn't.0
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@spire2003,
What was the outcome of the above situation? I am also due to have my contract of employment transfered under TUPE, followed by immediate redundancy and with no job to attend as at that date.
I would qualify for Redundancy Pay, so I'm just wondering how the mandatory Notice Pay would work (gov.uk/redundant-your-rights/notice-periods):
would this be paid in lieu by the new employer at the time of redundancy, along with the Redundancy Pay (or their next payroll date)?
or would it be paid by my current employer in the time leading up to the TUPE?
Regards
Billy Harry
No offence but you replied to an 18 month old post to the topic, and the OP has probably resolved the situation since0 -
Majestic12 wrote: »No offence but you replied to an 18 month old post to the topic, and the OP has probably resolved the situation since
Rather than 'replying', I think the poster was requesting information on the OP's outcome to assist is a current personal situation.0
This discussion has been closed.
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