Tupe issue

plumb1_2

Hi all
Just found out last week that the company I work for has not had its contact renewed and another company has won it.
We are being Tupe on 22nd February to the new company.
Just had a zoom meeting this afternoon with the new company, and thy informed me that only 5 employees ( tradesmen) are being tupe.
The 2 employees not being typed are the girls in the office, so I presume my current employer is making them redundant, one has been there20 years.
I did volunteer for redundancy about 4 months ago buy they made another employee redundant.
I thought all 7 workers had to be Tupe, is this wrong ?

Thrugelmir

The ownership of the company isn't changing.  Those not transferred remain employees of the existing business. 

plumb1_2

Thrugelmir said:

The ownership of the company isn't changing.  Those not transferred remain employees of the existing business. 

But the business will be closing as no contact and no workers

Thrugelmir

plumb1_2 said:

Thrugelmir said:

The ownership of the company isn't changing.  Those not transferred remain employees of the existing business. 

But the business will be closing as no contact and no workers

If the business decides to cease operations then it will make remaining employees redundant. 

plumb1_2

Yes but why have the 2 female workers been offered redundancy already and the other 5 been tupe with no consultation about redundancy 

daveyjp

If there is now no requirement for two office posts they are surplus to requirements and those postholders will be made redundant.

If there is a requirement for 5 staff in a required role they will be tuped.

Thrugelmir

plumb1_2 said:

Yes but why have the 2 female workers been offered redundancy already and the other 5 been tupe with no consultation about redundancy 

A failure to accept TUPE amounts to resignation and negates redundancy rights. 

penners324

The new company now have the contract and have agreed they need 5 staff from your company (those skills anyway).

Your company still exists, they haven't been bought out.

If your company goes under due to losing that contract then the remaining employees become redundant. 

Andy_L

plumb1_2 said:

Hi all
Just found out last week that the company I work for has not had its contact renewed and another company has won it.
We are being Tupe on 22nd February to the new company.
Just had a zoom meeting this afternoon with the new company, and thy informed me that only 5 employees ( tradesmen) are being tupe.
The 2 employees not being typed are the girls in the office, so I presume my current employer is making them redundant, one has been there20 years.
I did volunteer for redundancy about 4 months ago buy they made another employee redundant.
I thought all 7 workers had to be Tupe, is this wrong ?

1. Not necessarily, your current company may continue operating & needs the admin staff.

2. Yes/no/maybe. Depends if the admin staff are part of the contract for services (ie are doing work for the customer) or not.

Either way it doesn't really matter. TUPE provides a  lot less protection than people think, even if the admin staff transferred, the new employer can make them redundant if there is an "economic, technical or organisational reason" for doing so - they just have to follow a formal redundancy process & the transferred staff have the benefit of continuity of service & any contractual entitlement to better than statutory redundancy