made redundant, but rehired same day.. where do i stand?

annoye

just been told the company i work for (im on nights so dont get much communication) has gone into adminstration, and i was made redundant, But in the same day a new company has took over and remployed me... am i entitled to statutory redundancy pay? If i stay at the company........

Also if im NOT entitled, what does this mean, as technically its a new company, so the 3 years i worked in the previous if i cant claim, will they be carried over? So if this new company made me redundant in say 2 years, i would get 5 years redundancy? or would it only class as 2 years? meaning if i work for them and get made redundant before the 2 year minimum, i will infact not be entitled to anything????

patman99

Under TUPE as your old employer has been taken over by another firm, then you can count the previous term of employment as one continuous period.

As for redundancy, When my B-i-L was made redundant after 2 years with the same employer he got his redundancy payout. As he was walking out the door, a manager from another department collared him and offered him an immediate start in his dept. The company at no point asked for the redundancy pay back.

annoye

hmmm got more spanners appeared in the works now. just spoke to one of bosses to try get more information and he said he doesnt know whats happening. i asked when were we made redundant and he said hes not sure as theyve been paying us out their own money for a while apparently... ive heard rumours we got made redundant in september... he said hes waiting for administrators to come down and adivse him. the new company that has bought us is infact just a new company my bosses have opened.... i havnt got a clue whats going on... he told everyone on day shift we had been made redundant, but then when i questioned him tonight about it he says he doesnt know whats happening...

puglet

You should be entitled to recompense for transition to the new company. ie your redundancy should stand from the old company.

puglet

Happened to me years ago. The takeover company had to offer me the same payment for continuation of service as I would have received in lieu of normal redundancy had I decided to leave and not join/take up my old job in the new company.

Your position under the old company no longer exists upon takeover so they must essentially rehire you after the old company has been disolved (same owners but new company you mention - so form over substance).

You would have strong legal recourse if the new company formation does not offer you compensation. Basically, when your old employer ceases to exist then so does your old job meaning that redundancy is payable if the new owner wants to keep you on to do the same job that existed under the previous company formation.

The under administration point you mention is worrying however. Even so if you are being transition to a new viable company then you should be entitled to redundancy for the old arrangement.

airliner

Puglet is oversimplifying this matter.

Unless there is an employment specialist/solicitor on here with specific knowledge of TUPE transfers when a business in is adminstration/insolvency I do not believe you will get an answer you can rely on.

annoye

thought it seemed a tricky one. looks like i just have to sit tight and wait to see what administrators say. Will just be annoyed if they say that i could have claimed it but since ive started working for the new company i cant... because ive not really had any say in the matter, i was just told that we were made redundant at some point in the past 6 months and that we are now working under a new name. I think knowing what i do now, if i have the chance to claim it, i will do so and leave the company. Would not being happy with how things have gone and not trusting the bosses anymore etc count as a valid reason to turn down a new job offer if it came down to it in the eyes of the government?

Wee_Bargain_Hunter

These people have a helpline http://www.acas.org.uk/index.aspx?articleid=1461
In the meantime there's a lot of information on their website. Hope it all works out for you.

anamenottaken

Sounds like the old owners have produced a phoenix company.
Without a break in employment - presumably you are doing the same job - there is no redundancy, you won't be entitled to a redundancy payment dating back to September (or whatever date they choose).

You do carry forward the period of service so that any future redundancy situation would need to take those years into account.

ableandy

anamenottaken wrote: »

Sounds like the old owners have produced a phoenix company.
Without a break in employment - presumably you are doing the same job - there is no redundancy, you won't be entitled to a redundancy payment dating back to September (or whatever date they choose).

Correct.

You do carry forward the period of service so that any future redundancy situation would need to take those years into account.

Also Correct.

As far as you are concerned there should be no changes apart from the company you work for has now changed its name.