TUPE Transfer

MGboy

Hi - my first post

Following a TUPE transfer the new employers are making me redundant as I am unable to relocate. My existing contract from my previous employers states that should the company wish to terminate my employment for reasons other than gross misconduct that I would be entitled to the following notice periods for over 4 years of employment. "1 month + 1 week for every full year worked, up to a maximum of 12 weeks". I have been there 17 years.

Not withstanding any statutory redundancy, My new employers are stating that my redundancy notice period is based on 12 weeks & are calculating my salary in lieu of notice as 12 weeks.

How should my new employers be calculating my salary in lieu of notice ?

Thanks
MGboy

antrobus

Up to a maximum of 12 weeks seems self explanatory to me.

Am I missing something?

MGboy

Thanks - Ok - Its the clause/term in the contract that is stated as 1 month.

"1 month + 1 week for every full year worked, up to a maximum of 12 weeks". that I am seeking clarification of the calculation.

1 month would be on a basis of 1/12th of the annual salary, where as 1 week would be on a basis of 1/52nd of the annual salary. so there is a mix of potential calculations.

So I feel that the new employer is basing the 1 month period as four weeks which calculates to be a lesser amount than if based on 1/12th of the annual amount.

MGBoy

lulu650

But it's still a maximum of twelve weeks notice with 17 years employment

liviboy

lulu650 wrote: »

But it's still a maximum of twelve weeks notice with 17 years employment

I would read it as notice is 1 month + 1 week (up to a max of 12 weeks) meaning pay for 17 years would be 1 month + 12 weeks...

I think that's the question the OP is asking.

Xbigman

It could be read as 1 month plus a max of 12 weeks (so just over 16 weeks). As you are going anyway I'd complain and ask for the extra month.


Darren