Tupe or not Tupe, that is the question!!!

Hi Guys,
I will try to make this as simple as i can and any support or advice is greatly appreciated,(even if it's not what i want to hear)
Worked for a company for 3 years that went into administration during the covid situation and 99% of the staff were sold off as assets to purchasers, which meant continued employment for them so that is good. Then the remaining few from HQ were made redundant apart from myself. i was informed that i was going to be tupe'd across to a sister company but still be kept on furlough.
I received my payslip for June for the new company and July and was paid in June but have since had an email stating that there are no funds to pay me now for July as HMRC did not pay the boss for either June or July and he paid me out of funds that he had but can not do again.
I have never seen nor signed any paperwork to confirm my tupe arrangement so does this mean i can go back and ask to be made redundant so i get some form of income?

thanks all!!

Comments

  • hi guys - nothing?
  • lincroft1710
    lincroft1710 Posts: 17,445
    Photogenic Name Dropper First Anniversary First Post
    Forumite
    If there is a job for you when your furlough ends then no redundancy situation exists
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • Masomnia
    Masomnia Posts: 19,506
    Name Dropper First Post First Anniversary
    Forumite
    edited 3 August 2020 at 7:44PM
    If you tuped across then the new company should be assuming old liabilities, although some things are different with administration but to be honest I'd need to refresh my knowledge on that one. You should at least be able to claim from the redundancy payments service if you're owed wages from a failed company.
    “I could see that, if not actually disgruntled, he was far from being gruntled.” - P.G. Wodehouse
  • p00hsticks
    p00hsticks Posts: 12,573
    First Post Name Dropper Photogenic First Anniversary
    Forumite
    I have never seen nor signed any paperwork to confirm my tupe arrangement so does this mean i can go back and ask to be made redundant so i get some form of income?
    Having been TUPE'd twice myself, I've never been required to sign any paperwork - it just happened.
    Legally, the new company has an obligation to pay you under the same terms as  the old unless you;ve agreed to a variation in your terms and conditions, but in practice if there's no money in the company it may be a struggle.
    I'm guessing there may be an issue with you  not being on the new company's books at the end of February which may disqualify them from claiming furlough for you from HMRC, but as far as I'm aware that doesn't mean they can simply turn round and not pay you unless your emplyment contract (carried forward from the old company) allows them to lay you off.  
Meet your Ambassadors

Categories

  • All Categories
  • 341.6K Banking & Borrowing
  • 249.6K Reduce Debt & Boost Income
  • 449K Spending & Discounts
  • 233.5K Work, Benefits & Business
  • 605.5K Mortgages, Homes & Bills
  • 172.3K Life & Family
  • 246.6K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.8K Discuss & Feedback
  • 15.1K Coronavirus Support Boards