TUPE and Redundancy

bobdwyer

Hi,

the division of the company I currently work for has been sold to another company and I am now facing redundancy from the existing company as my role is transferred to the new company. My (laymans) understanding of the TUPE regulations is that I would automatically become an employee of the new company, however after informal "interviews" only a selection of employees were taken on with the remainder being made redundant from the current company.

The exact details of the agreement and sale between the companies is not known, but the entire software product set with which I work and existing customers and contracts have been bought, so this would count as a whole entity I believe. This is an international company so different laws will have applied elsewhere, but is this a case of constructive dismissal?

I am currently looking for new roles within the current company and if nothing can be found then will be made redundant and asked to sign a compromise agreement for an ex gratia payment. However, I would not want to sign away rights if I could have a case for unfair dismissal.

Any suggestions or pointers gratefully received.

askabigail

If the oldco still exists and has merely sold the assets to newco then they have not technically purchased the company and I suspect you have no TUPE rights.

However, depending on how long you have been employed will depend on your redundancy package.

If the redundancy consultation has been conducted properly then you are unlikely to have any grievance.

However, if the role that you undertake is still being performed then you do possibly have a claim.

bobdwyer wrote: »

Hi,

the division of the company I currently work for has been sold to another company and I am now facing redundancy from the existing company as my role is transferred to the new company. My (laymans) understanding of the TUPE regulations is that I would automatically become an employee of the new company, however after informal "interviews" only a selection of employees were taken on with the remainder being made redundant from the current company.

The exact details of the agreement and sale between the companies is not known, but the entire software product set with which I work and existing customers and contracts have been bought, so this would count as a whole entity I believe. This is an international company so different laws will have applied elsewhere, but is this a case of constructive dismissal?

I am currently looking for new roles within the current company and if nothing can be found then will be made redundant and asked to sign a compromise agreement for an ex gratia payment. However, I would not want to sign away rights if I could have a case for unfair dismissal.

Any suggestions or pointers gratefully received.

jazzyman01

I would seem clear that Bobdwyer's job has moved to the new company and therefore he would be subject to TUPE. If his current company is making his post redundant he would have a claim to go to the new Company and get his job back.

If signing a compromise agreement it would indicate what company ie if his existing company he would still have a claim against the new company.

getmore4less

Looks like a TUPE to me, AIUI they cannot be so selective about who they take if they are taking any staff.

The new company is the one that has to do the redundancies if they then have too many staff.

Will need specialist advice, TUPE is complex on exactly how it gets implimented.

bobdwyer

Thanks for all the responses. I have now secured a new role within the company and so am no longer at threat of redundancy.