Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Did they make the offer once her employment had officially terminated?
this won't be a redundancy situation anyway, this is a transfer protected under a law known as TUPE, where one contractor takes over the running of the services from a previous one. In these situations the employee would automatically transfer to the new contractor and their service will continue unbroken. There will be no redundancy and no dismissal - the new employer simply takes the employee on their existing terms and conditions as if there was never a dismissal, all that should change is the employer's name, but the rest should stay the same. So in the circumstances she cannot expect a redundancy payment, regardless of what the employer has told her - TUPE applies automatically and if she is protected under it then she automatically moves over to the new employer, without any break in service
So is she an employee or a contractor?
ok so she did not have an assigned job as such, where she could claim she did a specific job, which is now being taken over by the new employer?
How long has she worked there for?
Do you know exactly when she started as that will affect her rights?
ok well TUPE may not apply if she did not have a specified job, but then we are going back to the redundancy situation where the employer ha a duty to offer her suitable alternative employment in order to avoid the redundancy. They must make this offer before her current contract comes to an end and if the job is suitable and she unreasonably refuses it, then she can lose her entitlement to redundancy pay. However, if she believes the job is unsuitable and reasonably refuses it, then she can still claim her redundancy. The issue is that the employer can be difficult and refuse to accept her refusal as being reasonable, which would then mean she has to make a claim in the employment tribunal to pursue hat she is owed
Yes I will ensure that this is the case
You are welcome, all the best