redundancy help - TUPE

mnf2010

Afternoon all,
Just after a bit of advice really, never been made redundant before.
I have worked for a company for 20 years, but 6 years ago they closed one company ‘X’ and opened another ‘Y’, I got a P45 from X but didn’t re-apply for my job with Y, it just transferred over, same pay, same salary, same holidays, same directors etc etc, I have now been told I’ll be made redundant but only get 6 years pay.
Is that right? I read about TUPE but not 100% sure about it.
Hope someone can help.
Thanks

goRt

Did TUPE apply 6 years ago, have you got this in writing

McKneff

When you got your p45 did you get any sort of payoff, ie
notice pay, accrued holiday pay, redundancy pay.

Did you get a new written contract before you started your 'new' job.

mnf2010

sorry, i started the new job 3 years ago, not 6, my bad, typo!

I got nothing when i got my P45, only my P45. no new contract, pay off etc. in fact, i dont think i got a contract at all.

McKneff

I think you should be giving ACAS a ring.
They are the experts.
Hope it all works out for you,

johnybaby

P45 is a tax form and unrelated to your contract with the company which you have been tuped accross to.

Debt_Free_Chick

mnf2010 wrote: »

Afternoon all,
Just after a bit of advice really, never been made redundant before.
I have worked for a company for 20 years, but 6 years ago they closed one company ‘X’ and opened another ‘Y’

If company Y acquired the share capital of company X then TUPE does not apply - but you will be treated as though all of the service was with one company.

If company Y acquired (some of) the assets of company X, then it's 99.9% certain that TUPE applied.

Either way, you are effectively an employee with 20 years continuous service.

RWAP

Debt_Free_Chick wrote: »

If company Y acquired the share capital of company X then TUPE does not apply - but you will be treated as though all of the service was with one company.

If company Y acquired (some of) the assets of company X, then it's 99.9% certain that TUPE applied.

Either way, you are effectively an employee with 20 years continuous service.

Yes - I agree there - it is harder for a company to show that TUPE did NOT apply - there has to be a break in continuous service (eg. the place of work closed down for 2 months between being taken over and redundancy was paid at the time).

Speak to ACAS, or get some legal advice involved, as you definitely should be able to claim 20 years here.