TUPE Transfer Date

[PaulR1982]

Hi, I am currently in TUPE transfer from one company to another and they have now changed the transfer date twice originally from 15 September to the 18 September and now even longer to the 15 October, can they keep changing the transfer date and if so how many times as I feel they are trying to get out of paying redundancy, holiday pay owed and PILON, any help would be appreciated.

[BurnCK]

I know they have to give at least 45 days notice so if they move the date back I guess that applies as the notice period has actually been extended. It may be that they are still in a consultation period with the new company.
I don't see how it is an attempt to get out of redundancy pay, etc, though as years of service, holiday entitlement, etc, carry over to the new employer. The TUPE transfer itself has effectively got them out of paying redundancy as you're not being made redundant, you're being transferred. Redundancy will only apply if your new company get rid of your position.

[PaulR1982]

Hi, sorry I wasn’t clear enough, all of us are being transferred and if we cannot relocate to Sheffield and then been made redundant, however for those who had jobs lined up with other companies now have a choice to either loose redundancy pay and take a new job or not. And I just wondered how many times can they change the transfer date?

thanks

[ULA]

My understanding from your posts is that as part of the TUPE transfer the location of the new company is Sheffield and that if you cannot relocate to that area (not sure where you are now in terms of travel) then positions will be made redundant. Is the redundancy taking effect from the date of the transfer and has the new company undertaken redundancy consultation with you?

Do you now why there have been delays in the date of the transfer taking place?

Have you by any chance been given letters which confirm your termination date?

[PaulR1982]

Hi, yes that is correct, they are moving operations from Cheshire to Sheffield and those who are unable to relocate are going to be made redundant, we have had no letter last letters confirming our termination date as yet and they had started the consultation in July and have since changed it twice so I wondered if they could keep changing it as it seems they are waiting for people to find other jobs so they don’t have to pay out monies owed if that makes sense.

Thanks

[ULA]

All makes sense thank you.

I have checked the TUPE Regulations under the following sections it says

Section 13 (2)"Long enough before a relevant transfer to enable the employer of any affected employees to consult the appropriate representatives of any affected employees, the employer shall inform those representatives of—

(a)the fact that the transfer is to take place, the date or proposed date of the transfer and the reasons for it;

There is nothing I can find about the consequences of delaying the TUPE date.

Since the original issue was TUPE were there any staff representative elected or does the company recognise a union? Could they put pressure on the company do commit to a date?

Do you now how many redundancies are being made and whether they have had to go through collective consultation or just individual? Just trying to think of another angle to approach this.