TUPE / Settlement agreement

donnaf30

Hello

I have worked for a council for 25 years and the service I provide is being outsourced to private sector

I met the new company yesterday who said straight away that after transfer there would be too many staff and everyone would have to compete for a job ....

It was suggested that a settlement agreement could be offered which included basic redundancy payment and notice period would be PILON so would be able to leave straight away

The offer boils down to approx 15k after 25 years of service appears not that generous

Any help appreciated

thanks Donna

Masomnia

What would your redundancy rights be if you were made redundant from your current employer?

If more than £15k (£14670?) I would strongly suggest getting legal advice. If not.... still get advice.

Good luck.

donnaf30

Hello my redundancy rights would be approx 11k , council only pays 1 weeks pay for max of 20 weeks ...

The sweetner they are offering is the 3 months PILON

I am a member of Unison and they are on the case

Just wondered if any one had any experience of this situation

I was kind of hoping to negotiate a settlement of approx 20k to give me some breathing room to get a new job and also reflects the 25 years service

Its a blood bath where I work @ Council job wise and a career change is calling

Thanks Donna

getmore4less

if you have worked for 25 years that would suggest you may have some 1.5 qualifying weeks
may also suggest you could have some 0.5 qualifying weeks

you are due the 12 weeks notice anyway all the PILON does is not have you not work,

how likely is they would make you work your notice?

how have they done the calculations?

Wookey

I would raise a query regarding if the redundancy is on compulsory terms or not as this could have an effect on mortgage insurance or benefits.

donnaf30

Hello

Have found out more details If I accept settlement agreement I will get an additional 10 % more than standard redundancy along with 12 weeks Pilon works out at 17k

If I don't accept I will be Tupe'd and then put at risk at redundancy straight away

Don't know what to do

Thanks for your replies Donna

Masomnia

I stick by my first answer of get legal advice, which you will need to do anyway if you go down the settlement agreement route (which they should pay for).

I imagine that it's highly likely then that you'll be made redundant from the new employer anyway, from what they've said. In which case you'd get the PILON anyway, plus your standard entitlement. Accept the SA and you get that plus the 10%...

No one can tell you what to do; especially as randomers on the internet. In your situation I would take the agreement (re extra cash if you don't ask you don't get, right?), definitely ask about an agreed reference - but I stress you need to make your own mind up. Your solicitor should advise you on that though: choose wisely and make sure they specialise in employment law. I've seen property solicitors make a hash of settlement agreements, so be a bit careful. If you're a member of the union they will have someone who can advise you.

(ETA just seen you are a member of Unison so they will be able to provide you with a lawyer - you don't have to use theirs though)

Good luck.

getmore4less

make sure they do the calculation correctly statutory redundancy is up to 30 weeks depending on age.

if 42 or over due some weeks at a 1.5 rate.


10% is not that big a premium.

donnaf30

I agree 10% extra not much , but if i don't accept and get Tuped will go straight into risk of redundancy and that hassle while that's sorted .... ��

getmore4less

Still getting paid there may be a consultancy period that delays things.

They really should be pooling you with others, they leaves the chance you keep your job.(unless they are removing the post or bumping.)


Might find the premium goes up if you say you will move or counter offer, make it 20% and I will take it.