Retained by Administrators query

Cat666

Hi.
The company i worked for went into administration on the 28th August. A large portion of the work force were made redundant and issued their CN numbers to claim redundancy and notice from RPS. Myself and 6 others were retained by the administrators. We so far haven't been given any paperwork advising this nor have we been issued with redundancy notice letters. We have verbally been told that we will get paid on our normal payday. Rumour has it now that the administrators may have found a buyer but in what capacity i am not sure.
Therefore my queries are based on this info -
where do we "retained" stand
are we still employed and therefore if we walk now do we forefit any redundancy (i have 17 years)
do we have to accept new contracts with new employers and if we don't do we forefit redundancy
how long can the administrators retain us for
if new employers re hire already redundant staff who have made a claim to the RPS how is that fair on the retained staff (i am near retirement age and could have done with my 17 years of redundancy money)
lots of queries i know but just need some info before i "discuss" stuff with the administrators.
thanks

MyRealNameToo

Cat666 said:

Hi.
The company i worked for went into administration on the 28th August. A large portion of the work force were made redundant and issued their CN numbers to claim redundancy and notice from RPS. Myself and 6 others were retained by the administrators. We so far haven't been given any paperwork advising this nor have we been issued with redundancy notice letters. We have verbally been told that we will get paid on our normal payday. Rumour has it now that the administrators may have found a buyer but in what capacity i am not sure.
Therefore my queries are based on this info -
where do we "retained" stand
are we still employed and therefore if we walk now do we forefit any redundancy (i have 17 years)
do we have to accept new contracts with new employers and if we don't do we forefit redundancy
how long can the administrators retain us for
if new employers re hire already redundant staff who have made a claim to the RPS how is that fair on the retained staff (i am near retirement age and could have done with my 17 years of redundancy money)
lots of queries i know but just need some info before i "discuss" stuff with the administrators.
thanks

If you resign then you dont get redundancy as you resigned and weren't made redundant. 

The buyer may have no interest in buying the company itself and therefore the administrators may make you redundant. If the buyer does buy the company itself then there is no change for you or if you are TUPEd across. You can refuse to be TUPEd but that is effectively resignation so same as above applies https://www.acas.org.uk/tupe/advice-for-employers-and-employees/if-employees-do-not-want-to-transfer 

Administrators can retain you as long as the insolvency takes by which time there will be a buyer or the company is liquidated. You are still an employee of the original firm, just have new bosses running it. 

If the people are rehired then they are new recruits and start working with 0 years employment so can be dismissed for any reason, other than protected characteristics, in their first 2 years of being rehired. 

Brie

And if you are Tuped, I believe you only retain your current benefits for 2 years unless the new employer says otherwise.  So should they decide in 3 years that they want to make you redundant then they will only need to pay out on the basis that you have been with them for 3 years.  

MyRealNameToo

Brie said:

And if you are Tuped, I believe you only retain your current benefits for 2 years unless the new employer says otherwise.  So should they decide in 3 years that they want to make you redundant then they will only need to pay out on the basis that you have been with them for 3 years.  

No, your continuous employment date is forever more

Cat666

so new development - looks like we have been bought out of administration. Which I suppose in the current market is a good thing but the flip side is the company is based in Telford - I'm in Stratford upon Avon. I don't particularly want to be travelling to Telford. What discussions can I now have with the new buyers regarding requesting redundancy - if any ?

MyRealNameToo

Cat666 said:

so new development - looks like we have been bought out of administration. Which I suppose in the current market is a good thing but the flip side is the company is based in Telford - I'm in Stratford upon Avon. I don't particularly want to be travelling to Telford. What discussions can I now have with the new buyers regarding requesting redundancy - if any ?

First of all check if it's the company itself or just its assets. If it is its assets then does that include the remaining workforce or not? If so then you will presumably be TUPEd into the buyer or the new entity its created to receive the assets. 

If they've bought the whole company then it comes with you, the offices etc and TUPE doesnt apply as your employer hasn't changed. Its unlikely leases are such that they can be terminated right now so they may well continue operating from the current location in the interim. 

EnPointe

Brie said:

And if you are Tuped, I believe you only retain your current benefits for 2 years unless the new employer says otherwise.  So should they decide in 3 years that they want to make you redundant then they will only need to pay out on the basis that you have been with them for 3 years.  

you are incorrect 

1. Terms and conditions can be changed  less than  year after a TUPE , subject ot the relevant  consultations 
2. if you are TUPEd your seniority and service dates are the date the started wit hthe original emplyer , not the   one you  were tuped to  

EnPointe

Cat666 said:

so new development - looks like we have been bought out of administration. Which I suppose in the current market is a good thing but the flip side is the company is based in Telford - I'm in Stratford upon Avon. I don't particularly want to be travelling to Telford. What discussions can I now have with the new buyers regarding requesting redundancy - if any ?

you  need to see what is happening  first and foremost 

if they have brought  the company that went into adminstration  then it's not a TUPE, if they have brought parts of the business then it might be a TUPE 

regardless if they subsequently decide to  close  or move  the current  operation  the retained staff with be  put into a new  potential  relocation / redeployment/ redundancy pool  and  the clocks and consultation period / arrangments start afresh