TUPE and redundancy 9 October at 1:45PM in Redundancy & Redundancy Planning 2 replies 155 views

ziay

I was TUPEd and the company has more favourable redundancy terms. During the Tupe they specified In my terms and conditions that the more favourable terms only apply after the TUPE date. 

Is this allowed?

Masomnia

TUPE protects your terms from your previous employment, so I would say yes it is fair for them only to include your new employment when calculating the benefits, ie enhanced for the new company, statutory for pre-TUPE. At the end of the day if they have enhanced redundancy terms it's up to them how they apply it so I don't see how you can argue it unless they're going against their policy.

Open to other ideas though as I'm not 100% about it.

Xbigman

They've done you a favour. They could easily say your old less generous terms apply after TUPE because that was what was in the contract that transfered. 

You've only mentioned one thing about the TUPE transfer, is there more? Like your contracts being fully aligned.


Darren