redundancy payments

[ruggief]

Hi,
I'm chair of a pre-school (charitable trust). The local school has decided to open a nursery class taking all of our chlildren but say they will employ all of our staff in the new unit. However although they will match salaries and terms and conditions of employment they will not honour their length of service. The employment will then cease at the end of one year with us and start next day with the county council as an employer. Are the staff therefore entitled to a redundancy payment from the Pre-School or not. Any help will be appreciated? thanks in advance

[buildersmate]

The local school cannot do this - TUPE applies in this situation (Transfer of Undertakings - Protection of Employment). Just refer the situation to the local education authority - they will have to find someone who understands employment law in there. Under TUPE, continuity of length of service is part of the responsibility they are taking on. Are any of these staff pensionable under their present employment with you? - this can get messy and may have to involve the Government Actuary Dept, because the new employer has to take on the pension responsibility as well.