Redundancy payout- advice needed!

ronansmum

Hello,

I was wondering if anyone can shed light onto our situation, or if anyone has been in a similar situation....

My partner worked for the same employer for 7 years and was made redundant in April this year, when the company went into liquidation. After months of chasing his redundancy payment from the liquidators and then the Birmingham branch of Redundancy Payment offices, we today had a call to say he is only being paid for 3 years!!!

Over the seven years my partner was employed with this company the employer changed the company name MANY times-all employees were told all holiday entitlement and redundancy payment (if ever occured) would be carried over.

This hasnt happened because the last time the employer changed the company name was three years ago hence the only three year payout. Everyone including my partner is livid!! Some of these guys worked for the company for 16 years!!!

When his employer always told them "it'll be carried over" this was always verbal and never in writing.

Where do we stand?

Many thanks in advance

Maria x

eadieb

I dont know the answer to this but I do know that when workers are transfered from one company to another under TUPE arrangements, they retain their old contractural rights until the new company carries out some sort of formal review to get rid of them.

My employer currently has employees working with us who are on completely different terms and if they were made redundant then they are paid for all the years they were at their former company and the years at their new one.

I wonder if your company in question failed to carry out any legal transfer of employment when they changed names? I dont know what rules would apply to this situation.