Redundancy Payments, TUPE and Discrimination

[gregmis]

Hi,

 

I have a friend that worked for Company A since 2006. In 2008, Company A TUPE'd him to Company B. Company B was at the time being acquired by Company C. That acquisition completed in May 2010 and as it was covered under TUPE, my friend's length of service was acknowledged as starting in 2006. (8 yars of service)

 

In 2014, Company C announced a Voluntary reducdancy scheme to which he enquired. the response from HR was that he would be entitled to 6 weeks per year worked if he applied. He duly enrolled in the VR scheme.

 

A month later, HR informed him, they made a mistake and becuase he was TUPE'd from Company B, he was only entitled to 5 weeks per year.

 

As he has not signed anything, he is in a position to withdraw his VR application. However, this sounds like a case of discrimination (Company C pays employees 6 weeks per year, however if you worked for Company B, you are only entitled to 5 weeks)

 

Is this discrimination ?

 

Thanks.....

[honeybee13]

Hello and welcome to CAG.

 

I expect the forum guys will be along later, although not everybody knows about TUPE. Please bear with us until they get here.

 

My best, HB

[Emmzzi]

is the VR contractual? ie written in his contract?

[gregmis]

No, I dont believe so. Having said that, if Company C makes a VR offer to all its current employees. ( legacy Company C employees + TUPE'd Company B employees), and employees apply (1 from Company B and 1 from Company C) is it not discriminatory if they are offered differing packages based on their employment history

[Emmzzi]

well, if it in contractual, the company should be honouring the contract, and both offers look to be well above stat minimum