Withdraw redundancy to TUPE

Guest6263

My friend's employer has lost a contact to another company. Written notice of redundancy has been issued by employer. The employer intends to cease trading therefore they do not have any work for my friend either on same contract or suitable alternative. Employer is now looking to withdraw redundancy to TUPE my friend to the new company. If new company agrees to TUPE and agrees to employ my friend on the same terms and conditions as they have now can Employer withdraw the redundancy siting reasonable alternative employment?

sangie595

Short answer - yes.

Guest6263

How can he do this and does he need my friends agreement or can he just withdraw redundancy if new company agrees to TUPE?

getmore4less

It will not be an alternative.

You TUPE YOUR job over.

were they working on the contract that moved if they were it probably should have been TUPE all along.

Redundancy(and notice) can be withdrawn at any time by an employer.

The redundancy does not need mutual agreement.
The notice does if the employee still wants to leave on those timescales they can.

patman99

If I were the op's friend, I'd be speaking to the company that has gained the contract to see if they would employ me, but tell my current employer that there is no job for me to go to.

That way, I get to keep my redundancy and get a new job.
It may not be ethical, but then who cares.

LittleVoice

patman99 wrote: »

If I were the op's friend, I'd be speaking to the company that has gained the contract to see if they would employ me, but tell my current employer that there is no job for me to go to.

That way, I get to keep my redundancy and get a new job.
It may not be ethical, but then who cares.

And you think the new contracting organisation would not speak with the current employer when they are taking on staff in such a situation? Do you think the losing contractor doesn't communicate with the new one about staff to be TUPE'd?


Certainly if the friend wants to retain much in the way of employment rights for the next couple of years, they would lose that if they were able to follow your advice.

Nebulous2

What does your friend want? To keep their job? Or to work elsewhere? Do they have reasonable service, or in other words is the redundancy money worth fighting for?

If they have found a job they would prefer they can leave. Redundancy date / transfer date maybe the same and they can leave then without giving notice.

If they want to keep their job they can accept TUPE.

Neither of these options will give redundancy money.

makemesumdosh

Just accept the TUPE, at least you will have the same working conditions.
it happens all the time firms lose contract, new bidder takes on the staff who know how to do the job. new contractor has staff in place to do the job without training, employee keeps his terms and conditions from previous employer under TUPE.