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TUPE / Contract Lost

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  • TUPE / Contract Lost

    Hi,

    I work for a US Corporate company I was TUPE'd into from a small UK companywhich the US company bought out (back in approx 2015). Most folks have now been further TUPE'd into two other US companies from the original US company who bought us out. However I remained, and it looks as though in the next 6 months I will be made redundant. I cannot find my original contract with the UK company and am not aware what the redundancy terms were, which as I understand should be my redundancy terms now. My US Company are saying they also don't know the terms and I will be as per standard, this seems quite harsh to me as I'm assuming they could see what terms they transferred they transferred to the 2 x US companies.

    I'm not really sure where I go from here but as I'm 53 any additional funds will be gratefully received.

    Thanks in advance....
    Tags: None

  • #2
    It will entirely depend on what documentation was passed on by your original employing small UK company to the initial US based company you were transferred to and then ongoing through the further transfers.

    Also it would depend on whether or not your original contract of employment had an enhanced redundancy package over and above statutory and whether or not it was a contractual term. Two points on this:

    1. It would be unusual for a small UK company to offer enhanced redundancy terms.
    2. It is also unlikely that any redundancy provisions would be a contractual term. Redundancy provisions may have been contained in a policy, likely to be non-contractual and would therefore not automatically transfer as part of TUPE.


    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.


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