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

Breakfastbar01

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!!

Breakfastbar01

hi guys - nothing?

lincroft1710

If there is a job for you when your furlough ends then no redundancy situation exists

Masomnia

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.

p00hsticks

Breakfastbar01 said:

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.