Redundancy help and advice please

smc4761

I have heard through the grapevine that I will be made redundant soon and the work I currently do will be transferred abroad. The manager who told me this on the quiet, is a friend and he is aware that i would be quite happy to be made redundant

I am not too bothered I have been with the company for almost 30 years, I started in 1996, got TUPE transferred in 2010 then TUPE transferred again in 2014.

I do still have a copy of my original contract although this makes no mention of redundancy. I have some documentation of my transfer in 2010. As far as I am aware i should still be entitled to redundancy terms from my original contract, which are generous.I believe that all my original terms and conditions still apply

I am expecting the company, a large multi national, to play silly beggars and to offer only statutory redundancy. I believe they tried this on with a collegue of mine, who challenged this. Unfortunately i have lost contact with this person, so cannot confirm.

My question really is, if they do offer statutory redundancy and I wish to challenge this, I will of course raise this with the company, but is this something that I can perhaps reach out to ACAS to assist with.

I am not a union member nor do we have any union members that i could turn to.

Thanks in advance  

Cobbler_tone

"I do still have a copy of my original contract although this makes no mention of redundancy. I have some documentation of my transfer in 2010. As far as I am aware i should still be entitled to redundancy terms from my original contract, which are generous."

The first thing to do is gain evidence of your previous redundancy terms. You cite they are generous but is this implied knowledge or do have access to old documentation?

There is no limit on T&C's following TUPE, so if you were transferred on certain enhanced T&C's these should be followed unless you have been informed and consulted otherwise. It sounds as though your current employer using the statutory table as standard. 

Where people often fall down (whether reaching out to ACAS or legal claims) is failing to follow the internal processes of a business, i.e. if you are not happy discuss it (and get it documented) during your consultation meeting(s) and if appropriate raise a grievance.
Your case may be quite complex as there have been two TUPE moves since the original T&C's, so needs a bit of an audit trail.

LeafGreen

smc4761 said:

I have heard through the grapevine that I will be made redundant soon and the work I currently do will be transferred abroad. The manager who told me this on the quiet, is a friend and he is aware that i would be quite happy to be made redundant

I am not too bothered I have been with the company for almost 30 years, I started in 1996, got TUPE transferred in 2010 then TUPE transferred again in 2014.

I do still have a copy of my original contract although this makes no mention of redundancy. I have some documentation of my transfer in 2010. As far as I am aware i should still be entitled to redundancy terms from my original contract, which are generous.I believe that all my original terms and conditions still apply

I am expecting the company, a large multi national, to play silly beggars and to offer only statutory redundancy. I believe they tried this on with a collegue of mine, who challenged this. Unfortunately i have lost contact with this person, so cannot confirm.

My question really is, if they do offer statutory redundancy and I wish to challenge this, I will of course raise this with the company, but is this something that I can perhaps reach out to ACAS to assist with.

I am not a union member nor do we have any union members that i could turn to.

Thanks in advance  

What does the documentation you mention from 2010 actually say?  Unless it is some fairly clear indication of what the redundancy terms are, and that they form part of your contract, I'm not sure how you will argue your case, given that you say your contract makes no mention of redundancy terms.

It might be worth contacting HR now, tell them what you think your contractual terms are, and ask them to confirm what you say is correct.  If they do, great - you have something in writing,  If not, at least you know where you stand.