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  • FIRST POST
    • rags2rags
    • By rags2rags 13th Apr 18, 5:13 PM
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    rags2rags
    Tupe & redundancy
    • #1
    • 13th Apr 18, 5:13 PM
    Tupe & redundancy 13th Apr 18 at 5:13 PM
    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?
Page 1
    • Xbigman
    • By Xbigman 13th Apr 18, 9:16 PM
    • 3,093 Posts
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    Xbigman
    • #2
    • 13th Apr 18, 9:16 PM
    • #2
    • 13th Apr 18, 9:16 PM
    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
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    • Peelerfart
    • By Peelerfart 16th Apr 18, 9:36 PM
    • 1,912 Posts
    • 1,671 Thanks
    Peelerfart
    • #3
    • 16th Apr 18, 9:36 PM
    • #3
    • 16th Apr 18, 9:36 PM
    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.
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    • getmore4less
    • By getmore4less 17th Apr 18, 1:45 AM
    • 32,035 Posts
    • 19,222 Thanks
    getmore4less
    • #4
    • 17th Apr 18, 1:45 AM
    • #4
    • 17th Apr 18, 1:45 AM
    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.
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