Tupe & Redundancy?

glidergirluk

Ok a bit of a long one for you! -

I had been working for a company for 3 years when we were told that the department we worked in was being bought by another company and we were to be Tupe 'd across to the new company.
A year on at the new company we have now been told that the department will be at risk of redundancy at the end of may.

We are being offered stat redundancy (1 week per year under age of 40 etc) but the new company we were tupe'd across to offer their employees a better package.

My question is really at what point are you considered an employee of the new company and are entitled to the same package as they would get? Or would you be in tupe forever if your job never changed (ie moving roles and getting a new contract)?


Any help would be greatly appreciated!

Eric_Pisch

my understanding when you are tupe'd you are working for your new company under your existing terms and conditions and with all the service time you had from the original company, this stays forever unless you sign a new contract

so if you had 3 years at your old company and 1 year at the new one you would get 4 years redundancy

glidergirluk

That was my understanding as well but I have a vague recollection from when we were actually Tupe'd that if the new employers benefits were better than what your current contract is then you would be entitled to the better package.

Spirit_2

No TUPE is protection of employment based on your existing terms and conditions, so that they cannot be made worse by the transfer. It is up to the new company to offer you a revised contract if they choose and up to you to choose to take it if it is better.


You will have continuity of employment so in your case that is 4 weeks redundancy.

djsban

As said above when you TUPE'd over to the new company your Terms and Conditions of employment would probably of stayed largely the same and would do so until they issued you with a new contract.

Did you receive some information when you transferred detailing any changes to T&C's? If not perhaps you could contact your HR representative and request a copy of them just to make sure that they have got it right.

p00hsticks

djsban wrote: »

As said above when you TUPE'd over to the new company your Terms and Conditions of employment would probably of stayed largely the same and would do so until they issued you with a new contract.

Did you receive some information when you transferred detailing any changes to T&C's?

I don't think there's any 'probably' or 'largely the same' about it - from my understnading the whole point of TUPE is that your terms and conditions remain EXACTLY the same, unless and until your new employer chooses to offer you a new contract and you choose to accept it.