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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48718
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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My daughter worked for a company called nightingale a few weeks

Resolved Question:

My daughter worked for a company called nightingale a few weeks ago they made her redundant due to them losing a school contract my daughter has been re employed with the new company and now the old company has come back and offered her a like for like job but she has already taken the other job now the company say they do not need to pay her redundancy as she has turned there offer down she is a single mum with three children so could not wait around as money is tight is this correct Marian
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

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?

Customer: No she was working until there contract stop she is a cleaner and the contract is with the schools a new company came in and made a better offer so Nightingale lost the contract
Ben Jones :

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

Customer: She has had to apply for new job and may not get a position my daughter is mobile staff and does not have a contract as other in the company do she found out through her own investigation who the new company was and has applied to them
Ben Jones :

So is she an employee or a contractor?

Customer: employee but moves where the company want her to be if other staff are on holiday or off sick she steps in
Ben Jones :

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?

Customer: Yes that's correct
Ben Jones :

How long has she worked there for?

Customer: 2years they are not offering her like for like she would get her petrol paid for with the permanent job she will not be paid traveling she will be doing the same hours but be worse off as she will be paying to get to work
Ben Jones :

Do you know exactly when she started as that will affect her rights?

Customer: 2011
Customer: 26/9/2011
Ben Jones :

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

Customer: Thank you for your help and this was a one off payment of £22 as I m a pensioner
Ben Jones :

Yes I will ensure that this is the case

Customer: Thank you mRian
Ben Jones :

You are welcome, all the best

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