redundant then tupe with no redundancy ?

bronzedg

Thanks unholy thats what i mean im rubbish at writting what i want to say lol

I have asked the company i work for several times so can you offer me work then & they have said NO so how can they not be able to make me redundant especially as they already served this paperwork on me to begin with.

Can i j ust double make sure TUPE means that your benefits & length of service etc would carry over to new company.

SarEl

bronzedg wrote: »

Thanks unholy thats what i mean im rubbish at writting what i want to say lol

I have asked the company i work for several times so can you offer me work then & they have said NO so how can they not be able to make me redundant especially as they already served this paperwork on me to begin with.

Can i j ust double make sure TUPE means that your benefits & length of service etc would carry over to new company.

Your pay, benefits and length of service definitely transfer over - but remember that contractual conditions (but not the length of service) can eventually be changed if theirs are worse. So don't assume that they will stay the same for ever, because it is most unlikely.

Redudancies can be rescinded until the very last moment - there is no right to be made redundant. Had you been made redundant and not TUPE'd in this situation you could have claimed unfair dismissal against both employers! I doubt either are keen on that!

bronzedg

Yes but thats why i wanted to check the meaning of TUPE as this is not the case i'm not even getting the same salary let alone length of service etc so i believe they must continue with my redundancy they are not working with this other company & they can no longer offer me employment

SarEl

Then you need to ask company C what is going on - a TUPE must involve all affected staff and must be agreed in law by the two companies. Company A cannot TUPE you on your own and without Company C's agreement.

The fact that Company A did not help you find this job isn't relevant - not that you found it. What matters is whether a TUPE has been made!

bronzedg

So if the Tupe isnt agreed (which it hasnt been & wont be ) what happens to me will i get my redundancy

SarEl

If there is no TUPE then you are entitled to redundancy pay provided that you did not obtain this job before your redundancy notice was served. But if they refuse it then you must submit a grievance and explain why you are due the redundancy money - then submit a tribunal claim within 3 months less a day of your employment ending if it remains unpaid.

bronzedg

the hours are also different to what i was working before these are new shifts & longer hours would this also make a difference ?

SarEl

You are getting caught up in details that are irrelevant no matter what. You have to ascertain whether the two employers have agreed a TUPE transfer. Right now that is the only thing that matters.