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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44880
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Customer Question

Hi I am currently working for a company and have just been put in a consultation process as the role may be made redundant. The company was formed in december 2013 having bought out the assests of a company in liquidation. The new company has accepted (at the time of buying the out the old co) continuity of service (ie they will count my years with the old co) for the purposes of redundancy they are claiming that some of the actions of the previous company which I now regard as unfair can not be held against them.the new Co. is this correct?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. How long have you worked there for?
Customer: replied 1 year ago.

I have worked for the new co for 1 year 11 months and the old co for 7 seven years.

Expert:  Ben Jones replied 1 year ago.
What actions are you referring to please?
Customer: replied 1 year ago.

Hi, it was changing my role previous without full consultation, it was seconding me to other departments and from the last secondment is the redundancy. I did agree to these moves.

Expert:  Ben Jones replied 1 year ago.
ok and if you agreed to the moves why are you holding the employer responsible and what for?
Customer: replied 1 year ago.

I felt like I had little choice, there was very little discussion

Expert:  Ben Jones replied 1 year ago.
Thank you for your response. I will review the relevant information and will get back to you as soon as possible. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Expert:  Ben Jones replied 1 year ago.
Many thanks for your patience. The likelihood is that when the current employer took over the old business, they would have taken you on under a piece of legislation known as TUPE. This means you automatically move from the old employer to the new one and they also take on all liabilities of the old employer. A simple way to explain is that everything should remain the same and the new employer would basically ‘step into the shoes’ of the old employer just as if there has never been a transfer. All that should happen is that the name of the employer should change but everything else should remain the same. This means that the new employer would also take on any liabilities or responsibilities of the old one, and will be liable for anything the old employer had done. So even if this was nothing to do with them because it as the old employer’s actions, by taking over the business and your employment they would have also taken on the liabilities of the old employer and can be held responsible for their actions. You could therefore still challenge them over this.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

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