locoboy
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| posted on 14/5/08 at 08:52 AM |
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redundancy pay?
I have worked for my company for the last 3 years and 2weeks and it has been announced that it will be closing within the next 2 months.
We knew this was imminent so we started up a sideline to allow us (2 owners and me) to sidestep over to this other business when we closed down the
main business.
I will no longer be employed by the current employer and will be re employed by the new business, albeit owned by the same people.
my question is am i entitled to redundancy pay as i am currently working for a company that in name will no longer be trading, although my employer
has said that i will be transfered to the new business with no disruption to continuity of pay etc.
Cheers
ATB
Locoboy
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mackei23b
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| posted on 14/5/08 at 09:01 AM |
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Sounds like a TUPE (Transfer of undertaking and protected earnings). In this situation your contract of employment is legally protected and you
maintain the same terms and conditions with the new employer.
In this situation, yes you can object and this means that you effectivly have handed in your notice and wave redundancy rights.
Yes as will 121 mentions pensions are more complicated.
[Edited on 14/5/08 by mackei23b]
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will121
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| posted on 14/5/08 at 09:49 AM |
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i agree with above comment, it will under TUPE be continuation of employment on same terms holiday, pay ect and also time in previous employment eg
3years will transfer as well so if get maid redundant in say a years time your duration of employment would be 4 years. only area which i think is not
covered by TUPE is Pensions. mind you think a lot of it will depend on wether the new company is formally up and running before current one folds to
enable you to transfer employment.
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smart51
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| posted on 14/5/08 at 10:34 AM |
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I would seek to clarify this with your new bosses. I would want either full redundancy pay or continuing service, ie the last 3 years count as
service in your new job for redundancy puroposes.
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Peteff
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| posted on 14/5/08 at 12:22 PM |
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Standard redundancy payment for the time you've been there would only entitle you to one weeks pay. Unless you're on £3000 a week I
wouldn't fall out over it.
yours, Pete
I went into the RSPCA office the other day. It was so small you could hardly swing a cat in there.
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smart51
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| posted on 14/5/08 at 02:42 PM |
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No, it's one week's pay for every year you have worked, provided you have been there for more than 2 years. Limited to something low like
£120 per weeks pay.
It's probably more valuable to have 3 years continuous service than the payout.
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LBMEFM
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| posted on 14/5/08 at 06:58 PM |
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The difinitive answer is that this is a TUPE situation, if you want more details call ACAS who are more than happy to help.
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