TUPE - enhanced redundancy help

Mr_Benn · 10 February 2019 at 1:28PM

Our company look like they are going to TUPE us to another company. Full details haven't been confirmed yet. Our current company have been regularly paying an enhanced rate of redundancy, including to 2 people made redundant this year. Obviously, we dont have the full facts of who has received it over a period of time , but the our company have admitted this rate twice in meetings with them.
However, if we get TUPEd across , our present company are just saying that once were Tupe'd over then its purely upto the new company what rate they pay. We have asked if they can somehow make it part of the process, but from their response they dont care.
So, if the new company just pay us statutory redundancy , we intend to take legal advice to prove it is Custom Practice to pay the enhanced rate. May I ask that do we actually have a case here, and how would we best go about it. Would we be taking our present company to task , or the new company ?

Appreciate any help - thank you

getmore4less · 10 February 2019 at 1:35PM

It can be done but you need the evidence to be rock solid.

Sometimes it is worth making sure the new company is aware they will be taking on the liability or going to court to defend claims and they adjust their offer for the business.

The current company wont care they are offloading their liability.

Mr_Benn · 10 February 2019 at 1:55PM

Thanks for the quick reply. Our present company initially told us they will be 'advising any 3rd party about the enhanced rate they have been paying, but its ultimatly up to the new company what they pay '. Tho their written replies to us about this issue have become more brief, and less favourable , shall we say. I think their peeved i/ we have questioned them about this !

I guess the only way we be able to prove its been consistently paid is for solicitors to make our company show them the evidence of any redundancies over a period of time.

getmore4less · 10 February 2019 at 3:02PM

Anyone got records of multiple payments at enhanced rates meeting slides anything to support a custom and practice claim over multiple rounds of redundancy over a good period.

Mr_Benn · 10 February 2019 at 3:23PM

I will have to ask. We do have 2 people made redundant recently who are apparently happy to verify what they got. Will have to do a bit of digging to see if can get anything more concrete but ultimately it will be either a solicitor or Union that will force their hand if we dont get this redundancy payment.
The company havent ever gone thru this procedure before, and have admitted they have paid another company to come in and help them with the process, so Im sure they will be clued up (well actually, Im not that sure ...)

TUPE - enhanced redundancy help

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