My husbands previous employer, as of 18th July had been in TUPE process, consultation etc for a couple of months..

..there's been hoohaa concerning whether the employees were part of the contract that they lost

and have been to-ing and fro-ing with the 'contract winner's about who is responsible for the employees once the changeover took place.

hubby knew job was on the line so

managed to find another job,

put his notice in which meant last official day of work was 18th July.

In the meantime they gave him a letter of redundancy

- after he handed in his notice..

..however the redundancy stated 14th July.

..so technically he was out of work with that employment from that day, four days before his notice date.

Is he entitled to redundancy?

I've been told different things from acas during two separate conversations.

Don't want to split hairs but if he's entitled to it we could certainly do with it..

..and they Havnt paid him his holiday pay which should have been paid today

so we are in a hole with our rent until we successfully chase it up.

Cheers all.

Transfer of Undertakings is a a funny area.

OK so how much redundancy notice was given a month?

And did his previous contract before the new contractor give any redundancy period ?

How long was he there with previous employer?

I dont think his redundancy could have come into effect the day he got it the 14th

must have been some notice period and therein is the problem

if he had a period left to work ie a week he wasn't technically redundent when he last working day was worked.

Did he issue counter notice, or a straight resignation?

Hiya...I think I'm getting a bit muddled up here....

Hubby put his calendar month notice in and said his last day was 18th.(he has a job with a totally different company who have nothing to do with the tupe)

About a week to ten days later his employers (the ones he gave notice to and are now his previous employer) gave him a "you are being made redundant as of the 14th" letter....so...

I don't think the Tupe makes any difference to whether he gets redundancy...??..does it??...I think it's whether him putting his notice in automatically waives any redundancy rights... Or whether the fact that the redundancy 'date of effect' was before his last day means he was technically redundant as of 14th...

If the 'redundancy' date was after his official last day of work I wouldn't query it...but because it's before Im wondering....

Really hope my gobbledygook makes some sense.

I mentioned tupe as this is why he looked for another job...because he just knew by the way things were looking that they would make him redundant...sinking ship.

To add and hopefully make more sense ..he never actually transferred to the other party in the tupe process....because his employers made him redundant before the tupe transfer took place....that's why I'm presuming the tupe has no effect on him.

Should probably have not mentioned it, was just explaining why he looked for other work.

If he had been given notice and served counter notice, he would be entitled.

As he just resigned, he isn't. His letter is an admin error and should be ignored.

Thanks a lot Emmzi