Apparently I do not qualify for redundancy pay?

jondread

To cut a long story short, I started working for a company in June 2014 and worked for them until they transferred me to their sister company (under a different name, but had the same Director) in January 2016.

A year later, in January 2017, the company ceased trading due to lack of funds and will be declaring itself insolvent. I have phoned the ACAS and they said that regardless of which company I was working for, I have still done 2 full years of service to the same employer and am therefore entitled to redundancy pay.

My previous employer however is saying that I do not qualify to receive any money on the grounds that I had not worked for the parent company for two years, and that my employment at their sister company lasted for just under a year (20 days to be exact).

However I have provided him with 2 years of service.

Can anyone clarify what I should do in this situation? I feel like they are just trying to avoid paying me any redundancy money - which would only be 2 weeks pay anyway, but considering they gave me absolutely no notice they were about to cease trading and that I was out of a job, is helpful in my situation.

Guest101

I think ACAS are wrong.

jondread

Why would you think that?

Guest101

jondread wrote: »

Why would you think that?

You were employed by 2 separate companies.

Wookey

Tupe legislation would cover you for this. You would probably have a case though the potential redundancy payout would be minimal and if it ended up going to industrial tribunal could end up costing you more, this is something you would need to enquire about with acas.

http://www.acas.org.uk/index.aspx?articleid=1655

jobbingmusician

What does your contract of employment with the 2nd company say? If you were TUPE'd correctly, it should mention that your employment was continuous, or just give your starting date with company 1 as your date of starting employment. If it does not, then ACAS may indeed be wrong - or at least, you will need to find out how to demonstrate to a tribunal that you were continuously employed by the same parent company. You may well have correspondence about TUPE which is sufficient to demonstrate this.

(Written not as an expert, just as an employer unlucky enough to have had to grapple with TUPE.)