Suitable alternative's ?

MoneyMum

Hi just a quick question.

I am currently being made redundant under TUPE though the new company do not agree this falls under TUPE.

We were advised help would be provided to find suitable jobs internally, this never happened and I looked myself. There was a job in another department with a role I was confident I would be able to do and a good chance of getting it. However it was on a 6 months contract not permanent which im on at the moment, on asking the question what would happen if i go the job i was told that basically they would decide if that happened.

So my question if i was offered the job on a 6 months contract and declined would I lose my redundancy as a 'suitable' alternative had been found?

xx

getmore4less

Redundacy and TUPE are mutualy exclusive.

You cannot be made redundant under TUPE

What has happended so far?


If you have been transfered under TUPE and they have decided that thery need to make redundancies they need to go through proper process.

You have have continuity of employment.

if you have or could have over 2 years then even a fixed term would require redundancy in the future.

MoneyMum

My role is being outsourced on the 20th April which my means my current company feel it falls under TUPE. My new company feel that as it it overseas it does not fall under TUPE. If I take redundancy they will provide an enhanced redundancy payment based on my 6 years with them.

New company have already said if I chose to transfer under TUPE they would make me redundant immediately with a statutory redundancy as they do not need UK based employee's.

So my question if i was offered a job at my soon to be ex employers on a 6 months contract and declined would I lose my redundancy as a 'suitable' alternative had been found?

x

getmore4less

.This could get messy, TUPE can get complicated you need specialist advice

You may even be able to get a redundacy linked directly to the transfer

You may be able to show that the enhanced redundancy is protected if there is evidence of contractual or custom and practice but expect a fight.

If you can get your current employer to put you on the fixed term without a break in employment(<1 week) then you should still retain continuity and have service for a future redundancy.

Is the outsource a UK company or not it might be relevent.

CFC

MoneyMum wrote: »

My role is being outsourced on the 20th April which my means my current company feel it falls under TUPE. My new company feel that as it it overseas it does not fall under TUPE. If I take redundancy they will provide an enhanced redundancy payment based on my 6 years with them. WHO WILL PAY THIS ENHANCED REDUNDANCY? YES IT DOES FALL UNDER TUPE ALTHOUGH THE NEW COMPANY THINK THEY WILL GET AWAY WITH IT. THIS IS NOT UNCOMMON IN A OUTSOURCED SITUATION - THEY ARE EITHER GENUINELY IGNORANT OR TRYING TO GET AWAY WITH IT.

New company have already said if I chose to transfer under TUPE they would make me redundant immediately with a statutory redundancy as they do not need UK based employee's. CORRECT - THEY WILL MAKE YOU REDUNDANT NOT YOUR CURRENT EMPLOYERS. BUT YOUR SERVICE IS TRANSFERRED AS PART OF THE TUPE THEREFORE THEY WILL HAVE TO MATCH ANY CURRENT CONTRACTUAL ( OR PROVEN CUSTOM AND PRACTICE, BUT THAT ONE'S NOT USUALLY EASY) REDUNDANCY ARRANGEMENTS.

So my question if i was offered a job at my soon to be ex employers on a 6 months contract and declined would I lose my redundancy as a 'suitable' alternative had been found?

IT'S A BIT MORE COMPLEX AS IT'S AN UNUSUAL SITUATION, YOU MAY OR MAY NOT BE ENTITLED TO REDUNDANCY PAYMENT IF THE FIXED TERM CONTRACT ENDS, WOULD NEED MORE INFO - I SUGGEST YOU SEEK FURTHER ADVICE ON THIS ONE - TRY SAR-EL ON THE REDUNDANCY.CO.UK FORUM OR YOU COULD GIVE ACAS A TRY, THEY OUGHT TO BE FAMILAR WITH THIS ONE ALTHOUGH THEIR ADVICE IS OFTEN SUSPECT

x

Hope this helps, my responses in red caps.