TUPE Redundancy Rights

SandyMck

My daughter was recently made redundant from her job which she had been working from April 2010-May 2011...The company she worked for originally, was take over a few months back, in what I believe was a Tupe takeover as their wages, holidays etc..remained the same. The company used my daughters sick days, right back to when the other company had been owners, and used her sick days as the reason for her being chosen for redundancy. When she asked about her P45 and money owed to her for wages and redundancy, she was told that she wasn't entitled to redundancy as she hadn't been working for the new company for long enough, she queried this with the manager, as all their other terms and conditions had stayed the same and was just told that "that's the way it works". I feel that she should still be entitled to a redundancy payment for the full year she has worked, it's only 1 weeks wage from what I can make out but its still over £200 and she has started a new job and doesnt get paid until 10th July so this money she expected was to live on until then...Please tell me if she is entitled to the redundancy pay under the TUPE regulations as she would be due this money next week, she has had to wait for the other employees payday to receive ant payments from this company, I just need to know if I am right before I go in all guns blazing to confront the management about my daughters rights...

mariefab

I'm afraid that because she has less than 2 years service she isn't entitled to redundancy pay.

http://www.legislation.gov.uk/ukpga/1996/18/section/155

However, she should be paid at least 1 week's notice and for any accrued untaken holiday entitlement.

Mrs_Money

I'm not sure that this will help in the OP's case, but isn't it the post that is made redundant- NOT the person?
As such, I would have thought that selection on the base of number of sick days was not correct?
Of course that doesn't mean that the employer in this case won't get away with it!

Edit- just found this on the direct.gov site:

"Time with a previous employer

If you change employer that normally counts as a break in your employment. However, there are certain situations where time with a previous employer can count towards the continuous employment with your current employer. These are:
if the business you work for is transferred to another employer (also known as TUPE)"

Which I take to mean that the OP's daughter has a continuous record of employment from her previous employer - but the OP doesn't say how long she was with that employer before the TUPE.If she's only done a year in total, then no redundancy pay is due- if she's done 2 years or more from the date of starting with the previous employer, then redundancy pay is due.
HTH

hex2

Sandy, she has less than two years service so is not entitled to statutory redundancy pay unless there was some written policy with the old company that would have given her redundancy pay with a years service? If there was a proveable policy and it was TUPE then you have an argument. If she feels that she has been unfairly selected for redundancy or the process has not been followed then she has the right to claim unfair dimissal with her years service. In theory all that changes with TUPE is the name at the top of the contract - so taking into account her past sick or discipine record is normal practice. If she is unhappy then she should send a letter raising her points and appealing against the decision and/or amounts.