transfer of undertakings not applied

[mabdab]

End of December 2008 my employers company went into administration, 27 of January I was informed by letter from his administrators that my employment would cease from close of trading that day and was given a form to send off to claim any redundancy pay I may be entitled to after giving 7 years full time employment. The same day I was also given a new contract of employment for a new company but same employer, the same position and pay, but my contract was to start anew from that date.I applied for a government redundancy payment but was refused as this subject was said to be a transfer of undertakings.The problem being, who was my employer ,was it the director or was it the company who employed me. My old company no longer exist,s and could not pay redundency, My new company has not recognised any transfer of undertakings, and 7 years of employment history and emloyment rights have been totally ignored. Where do I and my collegues go from here . the clock is ticking and we have very little time left to resolve this problem,

[citizenkain]

You Are Snookered

[heliosuk]

This scenario can and does exist. A company is an individual thing controlled by Directors who have limited liability. So to all intents and purposes it's like a human being. I would think that the company was subcontracted to another company which is where you work. The company where you work is not necessarily your employer. Therfore the company which has gone under is defunct but the company where you work appointed another one to take over straight away. This new company has issued you with their terms and conditions as they would like to keep the existing workforce on i.e. you. Therefore, you should be able to claim statutory redundancy. If the new company bought the assests of the old company, i.e. you are using the equipment of the old company to do your work then this would imply that there is a possibility that a transfer of undertakings case would exist.