Can I still take redundancy/compromise agreement?

murdo1985

Hi,

First time poster on this site – and a site of this type – so please bear with me J Hopefully one of you more knowledgeable people can help!

I’m currently in a redundancy situation and the company has also made available a compromise agreement. The company I work for (company A) is embarking on a joint venture with (company to make a new company (company C). Company C is majority owned by my current employer and shares the same name, people currently working for them whose jobs translate into the new structure will be TUPE’d. My current job cannot be TUPE’d over to company C as it doesn’t fit within the new structure – hence redundancy situation.

However, given the nature of my work/role/department now being provided by company B – to which I cannot be TUPE’d – they are interested in me going to work for them. This hasn’t been done by any type of internal recruitment or consultation process. They have simply approached me and expressed an interest in me going to work for them.

As I’m being made redundant within company A my question is, if I go and work for company B, would that render me ineligible for redundancy/compromise agreement? Could they argue that it is a continuation of service? Despite me accepting new T&Cs for a different employer?


Many thanks in advance

getmore4less

Do A&B have any relationship other than a share of a 3rd comapny C.

If none, I think you can take the redundacy and start with B,, just watch out for A withdrawing the agreement if they find out you have another job.


There may be an issue if A think the job at B is really a job at C that they could TUPE you into.

If you can keep A in the dark till you get the dosh, PILON looks like the best option, then start at B if they give you the job it will be more difficult for them to try and wiggle out.

With little info and knowledge of the current companies attitudes what is best is hard to determine, even those that think they know their employers get caught out.

murdo1985

Hi thanks for the response!

Well, it turns out they have now decided to TUPE us...

I've found that whilst my job or the "service" I provide is being transferred, there are notable differences between what I do now and what I would be doing in the TUPE'd job. This is due to the fact that other roles are no longer part of the structure and certain responsibilities need to be absorbed.

They actually hadn't taken this into consideration until a meeting I had a couple of days ago - should they even be telling me I'm being TUPE'd without having compared the jobs properly?

I guess the question now is, how similar do the jobs need to be in order to qualify, for want of a better word, to be TUPE?