TUPE Consultation Period

mcfisco

I'm part of a team of 43 that have been informed that we are affected employees due to our company selling part of the business to a competitor of ours.
We've also been told that we're not going to be transferred, only that we're affected - we assume this to mean at risk of redundancy although they won't confirm or deny this at this stage - consultation starts next week and they will endeavour to conclude them within 30 days.

Anyway, if we do get told in the consultation that redundancy is a possibility, do they then need to start a whole new consultation period after they've concluded the TUPE consultation or, is it all - essentially - one and the same?

I guess I'm just trying to work out how long we can put off the executioner here

They only usually pay statutory so anything we can do to eek out the process, the better, a couple of the guys affected would like to try and push it into the next tax year if possible and hope to get some tax back on PILON later on if it takes a while to get another job.

TIA

SarEl

No - they could run the two consultations concurrently.

Unless PILON is deemed contractual then it won't be taxed in any tax year!

mcfisco

Thanks for that - I think

Best start ordering my last meal I guess

mariefab

Not necessarily.

Sometimes affected just means affected.

If the transfer of part of the business is going to affect your team in any way (e.g. the loss of the transferring employees may mean that a few of the tasks they performed will need to be performed by your team after the transfer) your employer has a duty to inform and consult.

http://www.legislation.gov.uk/uksi/2006/246/regulation/13/made