Redundancy

[davidmarsden]

my daughter has worked at a garage for 16 years.the garage is changing hands on 25th November.she is entitled to 3 months notice but there is no time left to do this. her boss has told her not to give her notice but to work for the new company for 3 months so she can get redundancy.it seems a strange position to me because her contract at the garage will end on 25th nov. and I thought she would be entitled to be paid up on that date.

[Flonska]

Your daughter's job may be protected under T.U.P.E. Here is some information. However she may need to seek other advice on what to do.

https://www.gov.uk/transfers-takeovers

See also ACAS & TSSA guidance

http://www.acas.org.uk/index.aspx?articleid=1655

https://www.tssa.org.uk/en/Your-union/your-workplace/employment-rights/tupe--a-guide-to-the-regulations.cfm

[fiction-factory]

>her boss has told her not to give her notice .

Certainly she should not give her notice.

It does indeed sound like a transfer of undertakings covered by the TUPE regs.

When the employer says "so she can claim redundancy" has she been told officially that she will be made redundant 3 months after 23 November? I'm wondering why the 3 months notice hasn't started already. Maybe the new owner hasn't decided yet on staffing needs.

[fiction-factory]

Has any sort of redundancy terms been offered/suggested? Statutory terms may well apply- my guess is they will (if it is redundancy). If she is hoping to be made redundant and feels the employer is not acting properly she could write to her employer telling them she intends to claim statutory redundancy pay.

[Buenchico]

I'm confused!

If your daughter's job will still exist when the business changes hand she IS entitled to protection under the TUPE rules but she's NOT entitled to a redundancy payment.

If your daughter's job will genuinely cease to exist when the business changes hands then she's NOT covered by the TUPE rules but she IS entitled to a redundancy payment.

I can't see any way that your daughter could seek a redundancy payment after three months of working with the new employer (after her rights had earlier been transferred under TUPE) unless, by a strange coincidence, the new employer just happened to reorganise the company (with the subsequent loss of her role) at that time.

[Peter Pedant]

I dont see why her contract ends 25 th Nov -
unless her contract says they can end it any time

I agree she may be protected by TUPE and needs professional help. Is she in a union ?

TUPE is about Transfer of Union and 'ployment and comes into play when one firm morphs into another. Your dr should NOT rely on the employers' yak but find out what her own rights are

Seek advice

I'm not confused ! your daughter is being ripped off
( being given duff advice by someone who will save moolah if they get the sap to do as they say)

[fiction-factory]

Can you keep us informed of developments please david as this sort of situation could face anyone who is TUPEd