Continuity of service

[Strobe84]

Hello all,

It's recently been announced that the site where we work is proposed for closure and we're currently in the throws of the consultation period. I've worked on-site for around 8 years, but have a complex history which I would like to explain and hopefully get some answers on:

* July 2007 - Began working for Company A
* September 2008 - It is announced Company A will be purchased by Company B
* October 2008 - We transfer from being Company A employees to Company B employees
* November 2008 - As Company B has outsourced it's IT, we are TUPE'd to Company C, while still providing service to Company B.
* March 2011 - I leave Company C to take an opportunity for Company B.
* April 2015 - Company B decides to close the office.

My question is around whether there is any way I can claim continuation of service from my original days with Company A - given for the entire time, whether outsourced or not, I have provided services to what is now Company B. HR are playing hardball here, bit it in fact only affects maybe a total of 4 of us who took the opportunity to come back to working for Company B and have in effect worked at the same location for 8 years.

Please let me know your thoughts.

[Strobe84]

Regular Overtime

Hello all,

While negotiating severance packages with my current employer, I raised the query of whether we would be entitled to an adjusted severance where we could legitimately prove regular oncall/overtime payments. HR, as you might expect are not budging on this item - however this payment, as regular income is used in calculating such items as mortgage affordability etc so I cannot understand the justification for not paying this.

Your thoughts are welcome as always.

[Strobe84]

Negotiating a better deal

Hello all,

You may well have seen my other two threads circled around getting a better package when being made redundant. One of the questions I have relates to an enhanced severance package which was offered to colleagues during the last shake up a couple of years ago which was 3 weeks pay for every year of service. The current offering is 2 weeks for every year, but I have to ask, is there any legal standpoint we can argue here to up this to 3 weeks? Is there a time limit before this expires?

Cheers

[Tools]

Re: Continuity of service

I have merged the three threads so each issue can be dealt with collectively.

[stevemLS]

Re: Continuity of service

Others may know better, but I'll start you off.

On the continuity of service question, my view was that you had unbroken service from Jul 07 - March 2011 when your transfers from A to B to C were statutory transfers when the "undertaking" transfered.

However, when you chose to leave C and applied for a job at B you broke your continuous service - presumably at that date C was still providing services to B and you left for a different role.

On the calculation of redundancy pay, there is a whole chunk of the Employment Rights Act 1996 devoted to what a week's pay is, but essentially for redundancy purposes it is the average of what was payable under the contract of employment during the 12 weeks preceding the date of termination - this is the general provision http://www.legislation.gov.uk/ukpga/1996/18/section/221 - so if the oncall and overtime is contractual, then it should be included in the calculation.

For statutory purposes, though, there is a cap at £475 which may or may not be relevant to you.

As far as the previous scheme a few years ago is concerned, I am afraid what was on offer then is immaterial to what they offer now, provided, of course, it does not go below the statutory minimum - anything over and above that is discretionary.