Tupe

Vibgirl

Some advice please. I have been given a redundancy notice but the amount is not correct.  My company was taken over a few years ago and I was transferred with tupe to the new company.  The new company are giving me their redundancy package which is far less favourable than my old employers.   How should I proceed?  Should I wait until I get the money in my bank then appeal, because as far as I know under tupe I should get the old employers redundancy package, or appeal before I get the redundancy money?  Also I dont have any paperwork regarding the tupe  agreement, would that be held with my old company?  Thankyou.

Marcon

Vibgirl said:

Some advice please. I have been given a redundancy notice but the amount is not correct.  My company was taken over a few years ago and I was transferred with tupe to the new company.  The new company are giving me their redundancy package which is far less favourable than my old employers.   How should I proceed?  Should I wait until I get the money in my bank then appeal, because as far as I know under tupe I should get the old employers redundancy package, or appeal before I get the redundancy money?  Also I dont have any paperwork regarding the tupe  agreement, would that be held with my old company?  Thankyou.

Terms and conditions aren't cast in stone after a TUPE transfer has occurred. If the transfer was several years ago, the new employer may well have made moves to equalise conditions for 'old' and 'new' staff. 

Thrugelmir

Were updated contracts of employment issued at a point in time to standardise matters. 

Vibgirl

To Thrugelmir, We were tuped over noting same redundancy terms as previous employer on a comparability statement for Tupe transfers document.  There were updated contracts at the time but the contract did not mention redundancy terms.   We had a letter which stated "you have been transferred via Tupe  and you have been transferred under your current terms and conditions".  We then got bought out again 5 years later in 2018 again via Tupe and received a letter stating, "there are no changes to your terms and conditions of employment".   Unfortunately I cannot find a copy of new contract, and cant remember if I signed one.  I am sure though I would have questioned any new contract which reduced the redundancy package in 2018.  Hope that answered your question 

ssparks2003

Well go back and question it, but if the contract issued in 2018 did have changes in it then regardless whether you signed it or not you have accepted it since you didn't reject their new contract. 

Sandtree

You need to find the contract and see what it says, normally they will look to harmonize things like redundancy fairly quickly and often have the big stick of discretionary bonuses etc to encourage people to agree to the new terms.

What remains protected via TUPE however is your continuous service date so even if the terms ahve changed you should still be getting the full duration (subject to any caps) 

Thrugelmir

Ask your HR department for a copy of your signed employment contract that they hold on file to clarify the position. 

Vibgirl

Will do Thrugelmir, thankyou

Thrugelmir

Sorry. Forgot contracts need not be signed. 

Vibgirl

Just another question please.  If I accept the redundancy payment (HR have confirmed it is statutary redundancy payment) can I then challenge the outcome afterwards if it doesn't meet the contractual obligations and I get clarification that terms and conditions were not changed from the previous company's enhanced redundancy payment rates.

Vibgirl

I do have a letter from my current employee from 2 years ago confirming employment has been transferred  and saying "There are no changes to your terms and conditions of employment, apart from the fact the pay dates are changed"  would this be good proof that the contract was not changed if I go to question the redundancy payment?