Tupe & redundancy

rags2rags · 13 April 2018 at 5:13PM

The US company I have worked for 10 years was acquired by a large US blue-chip company about 18 months ago.

Just before acquisition, my old company, put the whole of the UK office (32 people) into redundancy consultancy, and posted 8 new jobs, that we were invited to apply for.

The people who chose to leave got pretty good terms on redundancy in terms of notice period, transition support and settlement.

I was asked to apply for one of the jobs by the company and stayed. Only 2 of us stayed and transferred under TUPE to new company.

The acquisition has been pretty dreadful, and it is evident that we will also be made redundant in the next few weeks.

Under TUPE we transferred rights, but I wondered if the new company were obliged legally to offer us the same terms as the previous leavers received. I would like to think a precedence had been set. And if we are, then is there a time limit on it.

Any thoughts?

Xbigman · 13 April 2018 at 9:16PM

Unless your contract includes enhanced redundancy you are only entitled to the statutory minimum. If your employer offers more that is their choice. They don't even have to offer everyone being made redundant at the same time the same enhancements.

Darren

Peelerfart · 16 April 2018 at 9:36PM

Can I ask OP, are you a member of a trade union? Precedence may be relevant but it's not easy to establish or enforce.

getmore4less · 17 April 2018 at 1:45AM

Custom and practice can carry over but as said hard to prove.

It can really help if the previous terms were "common" knowledge backed up by evidence like multiple rounds of redundancy using the terms or even better there was some collective bargain in place usually union negotiation.

Do you know the terms the new company uses in the UK, this won't be the first time they have made redundancies.

Tupe & redundancy

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