Tupe Help

Paul27

Hi

I have read everywhere on the internet but cannot find an answer to a question that both myself and my work mates really need an answer on.

We have all been subject to a TUPE transfer and are currently "at risk" of redundancy undergoing consultation meetings as the new company have moved the work beyond a reasonable distance away.

If we are made redundant the story they tell us keeps changing. At one point the answers were yes, then no's and now it's all a case of we will check and come back to you. Any advice would be most welcomed!

We are to be made redundant as of 18th March and paid in lieu of notice.

So................

!. Pay rise was due 1st April. Are we entitled to balance of notice period at new pay rate as we are to be paid in lieu?

2. Length of service, one of my good friends would of made another years service on 4th April. Again being paid in lieu, doe he get the extra year?

Both of these dates fall within the notice period we are to be paid in lieu for. We have been told yes to the above by the new company, then no, then maybe we will check but never seem to get a answer that we can rely on and with the redundancy date getting ever closer we really need to know where we stand.

Thank you in advance for any help received

Paul

London18

Paul,
I am not surprised they have gone away to check as this is a slightly messy area of law. You are generally entitled to receive a payment in lieu of all contractual benefits that you would have received had you worked out the full notice period. The key word there is contractual. So if your pay rise (actual amount/percentage and date) is contractual, then yes you should get that factored into the PILON payment. HOWEVER, it's highly likely that for pay rises your contractual entitlement is only for your pay to be 'reviewed' not increased i.e. it could stay the same. (Check the wording). I'd be surprsied to see a contract that guarantees a pay rise every year.

For the service criteria for calculating redundancy then no, you stop accruing service at termination date, in your case 18 March. But if you are still in consultation on this, your colleague could raise it as a loss they will suffer due to PILON being imposed and see if it can be negotiated. Also, note that if you are getting a (non-contractual) enhanced redundancy payment the employer may well so no because you are getting more than statutory redundancy calaculation anyway.

Paul27

Hi London18

Thank you for your reply. Hopefully we should get our pay rise then as it was confirmed two tier increase on 1st January and 1st April.

As for the service award we have a meeting later today so I'll pass the information over and hope he can use it to his advantage. Many thanks again, will let you know how it goes

Paul

getmore4less

Service for redundancy is the termination date OR if statutory notice would take you past that date the latter is used.

So it will depend on service at the time of notice how many weeks get added to the termination date if PILON.

So for the person with 4april anniversary needs 2+years service to clock up the extra year.