Redundancy calculations Re Company that changed hands

dave_in_manc

Hello Folks, looking for a bit of clarification if poss'....

I was made redundant Nov' 2013, I've worked for the company since 1985 (yes really!) The company was sold in 2005 as a going concern and myself and another member of staff were kept on, to continue the running of the business, so we were never 'laid off' or received a p45. (far as i can remember)

I just had an email from the Insolvency agency and they've only calculated me (and the other staff member) for 9 years, i.e takeover time, not the 20 year maximum we were kind of expecting?

The company changed hands and went limited at takeover, but part of the condition of 'sale' included us being kept on so I don't get it, when the administrators were called in, they were aware of the situation and they calculated us at the 20 year max, I'd like to hope this is an administrative oversight.....

The email only came this evening so I couldn't even call the insolvency agency as they timed it nicely to send after hours . . . . : / . . . . charming.

Can anyone out there throw any light on where we stand on this please ?

marlot

You need to look up the rules around 'TUPE', which is where continuity of employment arises from. From the sounds of it, it should apply - if might just be that the record omitted your earlier service.

dave_in_manc

Thanks for the reply, I'm having a look at the gov.uk site now to get familiar with it, I need to call them tomorrow anyway as I couldn't on friday evening so fingers crossed that I am covered by it and it's some oversight, otherwise it'll be costing me dearly.......

dave_in_manc

In the immortal words of borat, Great Success!|

Turns out the insolvency agency decided that as they didn't have the date of the original company to hand, they'd just go with what they had

Upon being informed of their incompetence, they have seen the error of their ways and I get my missing 11 years of redundancy back :T

*sigh of relief*

Thanks for pointing the TUPE out, always good to know your stuff before picking the phone up