A change to redundency terms.

snodgrass

We have just been given our new contracts.Some of us are not going to sign.We work in a care home,i have worked here 10 years.We worked for one employer consecutively for 7 years,until they sold up to another firm who took on our contracts as they were under our original employer.Redundency payment being paid from how long you had been in employment with the home.Now,we have a new employer,they took us over January 2008,stating they would honour all previous contracts.
This new contracts though says redundency will only be paid for how long we have been employed with this employer,(1 year)and not how long you have worked at the home altogether(me,10 years).
Redundencies are not likely,i am just asking out of curiousity if they can do this.Some members of staff have worked at the home 15 years since it opened,and this does not seem fair.Is it correct.

Conor2_2

Have a look at TUPE. It will tell you all you need to know about the transfer of terms and service when taken over by a new firm. In short, you're right.

Debt_Free_Chick

Agree with Conor.

You will have a "statutory" start date for redundancy purposes. Where you've been transferred under TUPE, then your start date with the original employer will be your statutory start date, so any redundancy will need to include all your previous service.

You could always ask "a stupid question" like ..... "I thought my redundancy terms would include all my previous service with xyz - is that not the case?".

They've probably just been sloppy and dished out a standard template, forgetting to make this change for those that were TUPE transferred. Could be other omissions too - but neither you nor your employer can use the contract to reduce your statutory rights. So if the contract is incorrect, TUPE will apply anyway. But if your employer doesn't acccept this, then it will be a matter for an Employment Tribunal to determine. But you're not in that situation, so ask them for clarification.

HTH

LittleVoice

Is it just the statutory scheme to which they refer or is there an enhanced company scheme?

The statutory scheme clearly can't change by the dictat of the employer but they could try to negotiate a change to their own company scheme.