Severance Pay Entitlement

cheesetony

Hello, I am currently awaiting a decision from my Employer about receiving a voluntary severance package.
I have worked AT this company (a university) since 2000 (11 years)
However when I first joined I was employed by an outside catering company working on the University premises serving University students. In 2005 this ceased and my Employer became the University directly.

The current severance package has three tiers - two of which straddle these two dates.

If they decide I have only been an employee of theirs since 2005 i will get a smaller pay package than if they decide I have been an employee of theirs since 2000.

Can you please give me any advice as to what you feel the Employer (university) would probably/has the right to decide.


Thank you for your time.

cheesetony

getmore4less

Was the transfer covered by TUPE

Jarndyce

Providing your continuity of service was not broken at the time the employer changed from the contractor to the University then it sounds like you should be paid on the basis of having worked there since 2000. Certainly that would be the basis of your continuous service for employment law purposes in those circumstances.

However - as this is an internal voluntary severance deal it is up to the employer what they offer. It is possible, and would be lawful, if not fair or logical from your point of view, for them to count only your service from 2005 for this purpose. As long as they don't unlawfully discriminate, they can offer completely different amounts to each individual if they wish. Hopefully though, in your case with a published set of criteria, things will be open and fair.

cheesetony

Thank you for your replies so far -

getmoreforless - I am currently trying to find out whether or not we were covered by TUPE at the point of transfer - a new transfer which is covered by TUPE is actually just taking place right now but that is an internal transfer anyway.

JarnDyce- Thank you - yeah, the packages are set in terms of years of service = several months salary payments. The difference i am looking at is only two months... but two months is two months non the less.

I am contacting my union for further advice also anyway, but you have both been very helpful - thank you.

LittleVoice

cheesetony wrote: »

- I am currently trying to find out whether or not we were covered by TUPE at the point of transfer .

You should have been issued with new written particulars of your employment when you began direct employment with the univsersity. Those written particulars are required to include the date from which continuous employment began. So look out your old documents and you should have your answer.

Jarndyce

LittleVoice wrote: »

You should have been issued with new written particulars of your employment when you began direct employment with the univsersity. Those written particulars are required to include the date from which continuous employment began. So look out your old documents and you should have your answer.

Not necessarily. There should have at least been a letter informing the OP of a TUPE transfer when it was first announced. Less likely to have been kept though.

LittleVoice

Jarndyce wrote: »

Not necessarily. There should have at least been a letter informing the OP of a TUPE transfer when it was first announced. Less likely to have been kept though.

From the Direct,Gov website (http://www.direct.gov.uk/en/Employment/Employees/EmploymentContractsAndConditions/DG_10028079):

Do changes have to be in writing?

Agreed changes don't necessarily have to be in writing. However if they alter the terms in your 'written statement of employment particulars', your employer must give you another written statement showing what has changed within a month of the change.

A change of employer does alter a term of your "written statement".

Jarndyce

If you read your own link, it confirms that if the employer changes but the job continues unaffected, there is no right to a new full written statement.