TUPE & Redundancy

CRM1

Hi all

As someone who’s currently at risk of redundancy I wanted to seek opinion from any expert here that may be able to shed light on my predicament. Basically, my employer merged with another company and claims to have completely avoided TUPE regulations (to protect employees) and has placed us on inferior terms.

They did this by issuing a ‘variation to contract’ last year (they claim ‘no relevant transfer or change of employer took place’) our company then adopted the other company’s terms. Five month’s later, my employer wrote to me advising of the change of company name (to the other company) and therefore my employer. Is their interpretation correct? Please PM if easier. Many thanks.

getmore4less

In a case where a company as an entety changes ownership TUPE does not allways apply.

http://www.acas.org.uk/index.aspx?articleid=1655

A company can change anything anyway(even with a TUPE) if you agree and work under the changes.


The key things for redundancy are service and this will not have been effected anyway.

Which change(s) in contract is effecting the redundancy?

CRM1

So if a union agrees changes to my contract on my behalf (as a member or not) and I work under these changes for some time (without signing any new contract) I'm bound to agree them? Does this happen after a certain length of time?

The 'service' element is an interesting one. The Company plan to use only time-served in current role to determine those that get axed! Is that legal?

Is the only statutory right to full length of service recognition when paying redundancy monies? TUPE....one big grey area! Thanks.

CRM1

Any ideas....? Anyone......?!?

getmore4less

Not sure on the union stuff but I think unions can be recognised as acting for a group and even non union get bound by the terms.

that aside.

From what you have said I think you have continuity of employment for redundancy purposes.


Using time in current role(last in first out) is no longer considered a fair way to decide redundancies with the new age discrimination rules and other objective requirements

Loads of info if you look on line "redundancy last in first out" gets plenty

billycasper_2

try this site.. speak to a lawyer who knows what they are talking about>>

http://www.swarb.co.uk/phpbb/
unless you want to look through this site..

http://www.emplaw.co.uk/content/index?startpage=data%2F2005102901.htm

CRM1

Thanks guys

Debt_Free_Chick

CRM1 wrote: »

Hi all

As someone who’s currently at risk of redundancy I wanted to seek opinion from any expert here that may be able to shed light on my predicament. Basically, my employer merged with another company and claims to have completely avoided TUPE regulations (to protect employees)

If the other company bought the whole share capital of your employer, then TUPE does not apply. You were still working for the same company under the same contract - it was just that the company was then owned by another company

and has placed us on inferior terms.

They did this by issuing a ‘variation to contract’ last year (they claim ‘no relevant transfer or change of employer took place’) our company then adopted the other company’s terms.

Any company can do this at any time.

Five month’s later, my employer wrote to me advising of the change of company name (to the other company)

This would seem to point to the fact that the other company took over ownership of the company you worked for

Is their interpretation correct? Please PM if easier. Many thanks.

Based on what you've posted here, then yes. There would seem to be nothing wrong with what they've done. However, we don't have all the facts or legal documents covering the sale of the company - but it does seem as though the whole company was sold.