Am I due redundacy?

hedgehog1957

I have worked part-time for the last 17 years for the same employer, and at the end of last year the business was sold. I was asked if I wanted to stay on working and I agreed as I was happy with the work. I wasn't expecting to be made redundant or receive any monies but my last employer said she would pay me as she could not expect the new owners to uphold the previous 17 years I had worked. I have been given me my P45. The business name has also changed, if that has any bearing on things. I just want to know where I stand as I don,t want to lose the last 17 years of employment if the present owners decide things are not going so well in the future.

McKneff

So who has given you your p45.

If you were carrying on working you should have just continued working for the new company and not had a p45.



Why not give ACAS a ring,

hedgehog1957

It was my old employer that has given me my P45.

getmore4less

Was this a ltd company or just a business/partnership

You need to establish if this is covered as a TUPE transfer

if not you probably should get redundacy from the old employer

it goes somthing like this,

If TUPE, likley if there is a change of ownership(not through a share purchase) then you should get a P45 from the old employer and the new ones starts you as as if you had continuous service.

If the company entity has not changed (except maybe a name) then you are still emplyed by the same company an no P45 is needed.

hedgehog1957

Previously the business was sole ownership and not a limited company the business is now a ltd company. What is TUPE transfer.

BobQ

hedgehog1957 wrote: »

Previously the business was sole ownership and not a limited company the business is now a ltd company. What is TUPE transfer.

It is a law governing the transfer of an undertaking from one owner to another. If the transfer is governed by TUPE ( ususally a matter of fact not choice) you retain your redundancy rights under the new employer based on your service for old and new employers.

http://www.acas.org.uk/index.aspx?articleid=1655

If it covers the work the old employer is legally required to disclose the liabilities to the new employer that it is taking on.

patman99

I would say that if the new employer were to make you redundant, then they would also be liable to pay the 17 years you have already been paid.

I have known this to happen twice. Unless you had a break in employment of more than 12 weeks, then it is classed as a continuation of service. It matters not that the company changed from sole ownership to Ltd.