• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Redundancy query

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Redundancy query

    Work in a professional services office (small employer, 7 staff) and the owner is thinking off selling. Likely purchaser will be a national sized firm with 100s or 1,000s of staff and we will be subsumed. Understand TUPE procedure and all staff in theory will taken over on the same terms and conditions etc.
    Is there any way we can end up with a redundancy arrangement instead to avoid us having to resign, not eager on the new proposed employers.
    *
    Tags: None

  • #2
    Under TUPE employees transfer automatically to the transferee employer, whether or not that employer requires them or wants to retain them in their business. If the transfer results in a redundancy situation, because for example the transferee has more employees than it needs to carry out the work, it is the transferee employer that is responsible for carrying out the redundancy process and making redundancy payments. So it would only be in this situation that a redundancy may come about.

    For your current employer (the transferor) to dismiss staff fairly (of which redundancy is a situation) then it would need to be for an economic, technical or organisational (ETO) of its own and not due to the fact that the employees may not be required by the transferee.

    Hope that makes sense.*
    *


    I do not provide advice by PM although I may on occasion ask you to send me documents this way but any related advice will be provided back on your thread.

    I do my best to provide good practical advice, however I do so without liability.
    If you have any doubts then do please seek professional legal advice.


    You can’t always stop the waves but you can learn to surf.

    You are braver than you believe, smarter than you think and stronger than you seem.



    If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

    Comment


    • #3
      Thank you for the advice, as I suspected.*
      *

      Comment

      View our Terms and Conditions

      LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

      If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


      If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
      Working...
      X