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  • FIRST POST
    • Toddius
    • By Toddius 1st Jan 18, 12:07 PM
    • 3Posts
    • 0Thanks
    Toddius
    Sold company and redundancy rights
    • #1
    • 1st Jan 18, 12:07 PM
    Sold company and redundancy rights 1st Jan 18 at 12:07 PM
    Hi guys

    Happy new year.

    Im not sure if anyone can help but iv just found out the company I work for (installing and maintaining cctv/alarms )has sold all our Maintenance contracts and work to a rival company. As they have only sold the contracts iv been told tupe rules do not apply.

    The other company has offered all existing employees interviews to work with them but have said they have no obligation to offer us jobs. They are also located a lot further away than what I travel currently ,work longer hours and allow less holiday days.

    Would I be entitled to redundancy and also should there be a minimum term of notice for redundancy. I have worked here for 13 years.

    My main concern is that my boss is going to try and find a way to avoid paying anyone what they are owed.

    Thanks in advance
Page 1
    • sangie595
    • By sangie595 1st Jan 18, 4:52 PM
    • 4,398 Posts
    • 7,335 Thanks
    sangie595
    • #2
    • 1st Jan 18, 4:52 PM
    • #2
    • 1st Jan 18, 4:52 PM
    Assuming that TUPE does not apply (because it isn't clear cut from what you say here - given that all maintenance contracts have been sold, I can certainly see an argument to suggest that this is a transfer of undertakings), that does not mean the same thing as being redundant anyway. Your employer had to make you redundant, and before they do that they must follow a legal process that includes considering you for other suitable alternative employment within the existing company.

    Who had told you that TUPE doesn't apply? On what basis do they say that? What has your employer said to you about this?

    And anyone who obtains other employment now will not qualify for redundancy anyway - there are strict rules about redundancy pay, and if you obtain employment prior to your statutory notice period starting, redundancy does not apply.
    • Toddius
    • By Toddius 4th Jan 18, 5:16 PM
    • 3 Posts
    • 0 Thanks
    Toddius
    • #3
    • 4th Jan 18, 5:16 PM
    • #3
    • 4th Jan 18, 5:16 PM
    Hi. Thanks for the reply.

    Because the company does installation and maintenance jobs (servicing and breakdowns)they have sold the only maintenance contracts with existing customers. This will now be passed to the new company. We have been told (by the new company) because it is not the whole company being sold and they are only buying the contracts for work they don't have to take anyone on.
    My main role is installation of new jobs. This side of things will be shutting down shortly and the company will cease to exist. We have been instructed to finish existing installs which is about 4 weeks work but could be longer as a few more may be coming in.

    We have as of yet had no official notice of the companies intent to close. This was just sprung upon us between Christmas and New Years.

    3 guys from the servicing side have taken jobs with the other company so they are now unable to claim redundancy.

    I have been offered a job with the other company on their terms which is no good for me because they are a extra hour commute, Longer hours,Less break time and would cost me at least £10 more per day on transport.
    I will be hanging on until the company closes so I can claim the redundancy. I'm stuck in limbo. Unsure when I will run out of work and unable to apply for a new job because I can't give them a definitive end date for my current employment.
    • glentoran99
    • By glentoran99 4th Jan 18, 5:21 PM
    • 4,996 Posts
    • 4,010 Thanks
    glentoran99
    • #4
    • 4th Jan 18, 5:21 PM
    • #4
    • 4th Jan 18, 5:21 PM
    Hi. Thanks for the reply.

    Because the company does installation and maintenance jobs (servicing and breakdowns)they have sold the only maintenance contracts with existing customers. This will now be passed to the new company. We have been told (by the new company) because it is not the whole company being sold and they are only buying the contracts for work they don't have to take anyone on.
    My main role is installation of new jobs. This side of things will be shutting down shortly and the company will cease to exist. We have been instructed to finish existing installs which is about 4 weeks work but could be longer as a few more may be coming in.

    We have as of yet had no official notice of the companies intent to close. This was just sprung upon us between Christmas and New Years.

    3 guys from the servicing side have taken jobs with the other company so they are now unable to claim redundancy.

    I have been offered a job with the other company on their terms which is no good for me because they are a extra hour commute, Longer hours,Less break time and would cost me at least £10 more per day on transport.
    I will be hanging on until the company closes so I can claim the redundancy. I'm stuck in limbo. Unsure when I will run out of work and unable to apply for a new job because I can't give them a definitive end date for my current employment.
    Originally posted by Toddius


    Or £0


    I take it your confident of getting employment elsewhere when you are out of a job?
    • Toddius
    • By Toddius 4th Jan 18, 11:59 PM
    • 3 Posts
    • 0 Thanks
    Toddius
    • #5
    • 4th Jan 18, 11:59 PM
    • #5
    • 4th Jan 18, 11:59 PM
    Or £0


    I take it your confident of getting employment elsewhere when you are out of a job?
    Originally posted by glentoran99


    Sorry I don't quite get the £0 comment.
    I am fairly certain I'll be able to find a job. I have been offered several jobs whilst currently employed as I'm good at what I do.

    And seeing as iv worked since I was 14 I would do any job to pay bills until I found a suitable role for my skill set.
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