We'd like to remind Forumites to please avoid political debate on the Forum... Read More »
This is to keep it a safe and useful space for MoneySaving discussions. Threads that are - or become - political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
We're aware that some users are experiencing technical issues which the team are working to resolve. See the Community Noticeboard for more info. Thank you for your patience.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
If you are TUPE then your current employer can't make you redundant to 'sweeten the deal'. See Wheeler v Patel.
Further, if you don't follow the rules in TUPE then you will have a far easier time of it at an Employment Tribunal.
What TUPE will mean for you;
1)You will be automatically transferred (unless you object) Reg 4(7) with full continuity of service (Reg 4(1)). This means that any 'redundancy pay' will be for 9 years (Note they can't make you redundant if they intend to replace you! Easy win at an ET). Further the transfer is usually given in writing (Reg 11(1)). Failure to comply means a MINIMUM £500 compensation (Reg 12)
2) You will be on the same terms and conditions (Your new employer CANNOT reduce what you are paid (the only thing they can is your pension rights)). Employers really hate this......
3) Dismissal because of transfer automatically is unfair unless there is an ETO defence (Reg 7)
4) Consultation is required (Regs 13-15). Failure to consult (in your case 30 days) means a penalty of 13 weeks pay(per employee)
There are lots of areas where your current / new employer is likely to fail to comply with the regulations. Your best bet is to go and see an Employment Solicitor who will be able to explain further TUPE and how it impacts on you.
