When I say you are mistaken, I am not referring to your legal opinion. I am referring to the opinion you have made regarding my view on this situation. If you refer to my original posting. The business is closing at the end of March it is not transferring, so that information was always there. The offer of employment is for the new business, which is why I thought I would be entitled to redundancy. I am not after what I want, I am after what I am entitled to. And this information is difficult to find.

There are 2 married couples. They are all partners. At the end of March the business ends. I have been asked to work for one of the couples. The business will be under a new name and have nothing to do with the previous partnership. It is not a Ltd company. I will see what offer they come to me with. I just thought because of the situation I have described that I would be entitled to redundancy over TUPE as the business is ending and not being transferred.

Thanks for the reply. I think you are mistaken, I am saying I believe I should be entitled to redundancy pay. I will not let them fob me off, and I have always fought for my rights. I just needed some advise on my legal position. Even if I am given a redudancy payment my employer is likely to match terms and conditions, just purely because I can take my skills elsewhere and they would like me to continue with the business when they retire in five years. Believe me, I know I am an employee and not a friend, I just wanted to know what I am legally entitled to . And with regards to the redundancy being withdrawn on finding empoyment, this is what I found whilst trawling the net. If they make a clause in your redundany package that they can do, probably incorrect, which is why I asked for advise on here. Please don't think I want to let them off the hook, because that is just not me!

Thanks for your reply. I have read that if You find employment straight away,you may not be entitled to redundancy . I'm unsure if this is the case but I will post any developments. Many thanks

Thanks for the reply. I will let them get legal advise and wait on their decision. With regards to not losing my rights, I only get the basics anyway. I've had children so no maternity needed. But thanks for the advise

Once again thanks for your reply, it's is very helpful. Sorry to keep bothering you, but it's difficult to find information on the web. I have looked into TUPE and that seems to apply if the original business continues under a new owner. The business I work for will cease trading in March. And the business I will work for, would be a new business with a new name, but I would be working for one of the partners of the original business. It's the other partner being difficult, she said that she has been advised (I think by her accountant) that it would be illegal to pay me redundancy and then me being employed by the other partner. I feel that I should be entitled to redundancy as the new business has no ties to the current business. I'm not sure if I'm right! she is a force to contend with. I thought ACAS may be able to advise me! Many thanks

Thanks for your reply, it was very helpful. Just to elaborate the partner who has offered me a job, has said that I should be entitled to redundancy, as the original business ends at the end of march. The other partner has said that if I accept a position with their ex partner, it would be illegal for me to have a redundancy payment. If I am offered TUPE it puts all the responsiblity of future redundancy with the partner who has offered me employment, which seems unfair to him, as I have been there for 16yrs now! many thanks

Hi. At the end of March the company I work for is closing down. The partners are going their separate ways and both are setting up their own business. They have said as far as they are concerned the new business's are just that - New, with changed names, accounts etc. One is staying on the original premises, and he has offered me employment. One of the partners's thinks I am not entitled to any redundancy, the other thinks I am. I have worked there for 16yrs. I am asssuming I will be given a new contract once the new job starts. Should I be entitled or not? please help. Many thanks.