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Hi all

Newby to the forum.

I have a problem with being subject to a Tupe situation. It may be easier to bullet point the points I am going to raise so I can get any assistance from anyone on here.

My current company lost large contravt to another (both logistic companies)

Accepted as Tupe situation.

75 employees effected.

Myself along with 3 other members have rejected by the transferee company as not being within the scope. Their reasoning is that we didn't dedicate the majority of our working day to that contract. Wrong.

Our company transferor have stated we are not their responsibility anymore and issued me with the top copy of the P45.

I have not had any consultation over redundancy with either company.

My Finance Director will not answer any of my e mails but responds with telephone calls.

He came up with an redundancy package which included my redundancy pay and lieu of notice. I have been with company 11 years.

I have asked him if it is my previous company who has made me redundant or the new company.

He will not answer this.

He has since been on the telphone basically saying the offer has now been withdrawn from the new company.

A|gain I asked who was making me redundant. Again no response.

I feel I have no other alternative but to seek legal advice for Unfair dismissal.

Does anyone on here have any other similar experiences or advice.

Thanks

Chris

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Hello and welcome to the forum. While you're waiting for some other caggers to come along, you could have a look at the ACAS website if you haven't already. They have a confidential helpline you can ring, although the advice seems to vary a bit. You could always post what ACAS tell you on here so it can be discussed.

 

HB

Illegitimi non carborundum

 

 

 

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It all depends on who is correct as to whether you were within the scope - but if your job no longer exists, then someone id responsible and in law, if you are being terminated, then anything other than redundancy is an unfair dismissal (and even a redundancy may also be an unfair dismissal). But in the absnece of anything to the contrary, then the situation in law is very clear - both companies are responsible unless the new company can prove they aren't, and that still leaves the old company responsible. However, beyond that, you will need to take some legal advice because it is impossible to unravel it on here without all the documents in sight.

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I am a barrister specialising in employment law, and only represent employees. My advice on employment issues is advice - not legal opinion - and is based only on the facts you provide. If you want an accurate assessment of your case and prospects, you should get legal opinion from a lawyer - not a public forum. Anything I tell you is for guidance only, and is based on my experience of the law in the context of what details you provide.

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