Redundancy payment request, advice please.

JennyDiver67

I have worked for a company for 12 years.

Today the company was taken over by someone else, basically the stock and order book were purchased.

The existing company will no longer be paying me the new company will so therefore I have effectively been made redundant by the old company. There was no guarantee of a job with the new company, I was offered it.

I've been doing some research and from what I can gather I am now entitled to 14 weeks Redundancy Pay (tax free) and 12 weeks PILON (as the changeover was immediate).

Would anyone be able to confirm this for me before I approach my previous boss (I'm pretty sure he's oblivious).

Thank you.

Itsgottabedone

As I understand it, redundancy refers to the post, not the person. Your new employers have offered to retain you in your current position, so no claim for redundancy applies.

Someone more knowledgable will probably be along soon to give you a definitive answer.

marlot

Be careful. You need to read the rules of TUPE. If the new company are offering to keep you on then you're not redundant. If they offer and you refuse to take the job then you are effectively (in law) resigning.

JennyDiver67

There is no continuity of employment, basically I will be starting from scratch again.

Takeaway_Addict

JennyDiver67 wrote: »

There is no continuity of employment, basically I will be starting from scratch again.

Have you looked at TUPE?

JennyDiver67

Yes, and it says that the continuity of employment etc needs to be maintained.

In my case it isn't.

It's quite complicated.

But basically I have to start accruing holiday entitlement again etc

Also, if this new company goes bang in a few months, I won't stand to get a penny because my employment has only just started.

So do I claim from my old employer?

marlot

JennyDiver67 wrote: »

Yes, and it says that the continuity of employment etc needs to be maintained.

In my case it isn't.

It's quite complicated...

If you don't want to tell us then you can't expect us to advise! The law says that all your contractual terms should just have transferred over.

If you are saying that they have not, then I'd suggest ringing ACAS for advice.